Civil Engineering Reference
In-Depth Information
Basically, it is a matter of policy. Adjudication is a quick method of settling disputes but
a comparatively coarse remedy. With this kind of remedy, the parties have to accept that
there will beroughjustice and,occasionally,evenbaderrors.Ifthemoneyatstake issuffi-
ciently large, no doubt the parties will seek a solution in a forum that can give proper time
and consideration to the arguments.
The main acceptable grounds for resisting enforcement of a decision tend to concern
whether the adjudicator had the jurisdiction to make the decision. If it can be shown that
there was no jurisdiction, the enforcement can be resisted because there is no decision.
Lack of jurisdiction is often due to a failure to answer the question asked; the adjudicator
has no jurisdiction for the decision about an unasked question. Lack of jurisdiction may
also be shown if there was no clearly identifiable dispute in being at the time the notice of
intention to seek adjudication was issued. Successful challenges have also been made on
the basis that the adjudicator was in breach of the rules of natural justice. This can be quite
complicated inpractice, butinessenceitreferstotheneedforeachpartytohaveanoppor-
tunitytoputitscaseandtheresponsibilityoftheadjudicatornottodiscussthedisputewith
one party in the absence of the other. Obviously, a decision will also be thrown out if it can
be shown that an adjudicator was biased in favour of the other party.
