Adjudications: make an early reservation

By Stephanie Canham2019-05-16T05:00:00

When making a jurisdictional challenge in an adjudication, it pays to be quick off the mark

During the course of adjudications it is common for a challenge to the jurisdiction of the adjudicator to be made. These challenges concern the power of the adjudicator to hear the dispute between the parties and they range from challenges to the adjudicator’s internal jurisdiction, on matters such as the terms of the construction contract, to challenges to his or her threshold jurisdiction, on matters such as whether a dispute has crystallised and whether the parties have a construction contract. Challenges by responding parties may be tactical – to prompt the resignation of the adjudicator or to provide a defence to enforcement – or may actually be raising important issues that should render the decision unenforceable.

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