For many, challenging an Adjudicator's jurisdiction is often
the first step in responding to a Referral Notice. However, given
the Courts' reluctance to enforce such challenges, care must be
taken as to how such challenges are framed, particularly if the
responding party intends to reserve its position on jurisdiction
and continue to participate in the adjudication.
The Courts' unwillingness to uphold challenges is perhaps
not surprising given the comments made in Carillion
Construction Ltd v Devonport Royal Dockyard Ltd (2005), in
which the Court held that, "To seek to challenge the
adjudicator's decision on the ground that he has exceeded his
jurisdiction or breached the rules of natural justice (save in the
plainest of cases) is likely to lead to a substantial waste of time
and expense". The reason being that adjudication is
a quick and temporarily binding process, in which "The
need to have the 'right' answer has been subordinated to
the need to have an answer
