The adjudicator's jurisdiction


Produced in partnership with 4 Pump Court
Practice notes

The adjudicator's jurisdiction


Produced in partnership with 4 Pump Court

Practice notes
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This Practice Note looks at an Adjudicator’s jurisdiction/Authority, including how it arises, the ability of an adjudicator to make a binding decision on whether they have jurisdiction, and the impact (if any) of mistakes of fact, errors of law or procedural errors on the adjudicator’s jurisdiction.

For guidance on challenging an adjudicator’s jurisdiction, see Practice Notes: Grounds for a jurisdictional challenge in an adjudication and Making a jurisdictional challenge in an adjudication.

What is the adjudicator’s jurisdiction?

The jurisdiction (or authority) of the adjudicator is essentially their power to make decisions in relation to the parties’ rights.

The adjudicator’s authority derives from:

  1. •

    the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)

  2. •

    the contract between the parties, and/or

  3. •

    the applicable adjudication Rules, such as the Scheme for Construction Contracts

An ‘adjudicator’s jurisdiction’ is also often used to refer to the scope of what they are entitled to decide, ie the dispute contained in the Notice of Adjudication. For example, an adjudicator does not have jurisdiction to decide that the employer is required to pay

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Adjudicator definition
What does Adjudicator mean?

The individual appointed to oversee an adjudication dispute between two parties.

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