Challenges To An Adjudicator's Jurisdiction – What's The Threshold?

When faced with a jurisdiction challenge, adjudicators almost universally give both parties the opportunity to make representations, consider the arguments raised, and reach a non-binding view as to whether they have jurisdiction. If yes, they continue; if not, they resign.

What is striking however is the range of different approaches which adjudicators take when considering these arguments. Anecdotally, from my own practice I have seen adjudicators ask themselves (for example):

• Whether there is a "real prospect" that they lack jurisdiction.
• Whether it is "clear" that they lack jurisdiction.
• Whether there is any "merit" in the suggestion that they lack jurisdiction.