Construction & Engineering Update – Winter 2017

    View Authors January 2017

    Arguing Later: The Limits When Challenging an Adjudicator’s Jurisdiction

    We wish you a very happy new year and welcome to our client briefing for Winter 2017.

    In this edition, we look back at adjudication and the concept of “pay now, argue later” which underpins it and examine the limits of potential challenges to enforcement of an adjudicator’s decision.

    In our experience, adjudication remains very popular in the industry and can be an effective means of unlocking a dispute. It is, however, important to consider whether adjudication is right for a particular dispute as formal resolution of the dispute could nonetheless result if a decision is unfavourable. This is because the courts have been willing to uphold the enforceability of decisions by limiting the scope for jurisdictional challenges.