Civil Engineering Reference
In-Depth Information
the rules of natural justice because he failed to deal with a specific defence. Therefore, his
decision was unenforceable. The court took into account that the Scheme carefully defines
the circumstances in which the adjudicator is entitled to be paid. The result is that where
an adjudication has been carried out under the Scheme, the adjudicator is probably not en-
titled to be paid if the decision is held to be unenforceable. However, that situation can be
changed ifthe parties enter into anagreement with the Adjudicator which protects hisfees,
and the situation may not apply at all if the adjudication is conducted under some other
procedure. The judgment leaves adjudicators with a serious problem: They have no power
to decide whether they have jurisdiction; therefore, if their jurisdiction is challenged they
mustmakeadecisionwhetherornottoproceed.Iftheyarewrong,theyrisklosingalltheir
fees.
