Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Adjudicator definition

What does Adjudicator mean? An adjudicator is the neutral decision-maker appointed to determine a dispute by adjudication, usually on a fast‑track, documents‑based basis. In construction disputes the role is created by statute (England & Wales: Housing Grants, Construction and Regeneration Act 1996; Scotland: Construction Contracts (Scotland) Act 1997; Northern Ireland: Construction Contracts (Northern Ireland) Order 1997; Ireland: Construction Contracts Act 2013), with procedural detail supplied by the contract or the relevant Scheme for Construction Contracts. parties appoint an adjudicator directly or through a nominating body (e.g. RICS, CIArb). The adjudicator must act impartially, observe natural justice, address jurisdictional objections, and deliver a reasoned...

Raising and preserving jurisdictional objections in construction adjudication: effective reservations, waiver risks, approbation and reprobation, and court declarations or injunctions

Published by a LexisNexis Construction expert

Practice notes

This Practice Note examines how to object to an Adjudicator’s jurisdiction, covering whether a party must raise a challenge, how to frame an effective Reservation of Rights, the reach and implications of approbation and reprobation (treating an adjudicator’s decision as effective for limited purposes while simultaneously contesting its validity), and practical steps for handling and responding to such challenges, including timing and tactics. It also addresses the Availability of Recourse from the court, ie seeking a declaration to determine an adjudicator’s jurisdiction or an injunction restraining the commencement or continuation of an adjudication. For information on the various grounds upon which a jurisdictional challenge might be made, see Practice Note: Grounds for a jurisdictional challenge in an adjudication.

Does a challenge have to be made?

A decision issued by an adjudicator who lacks jurisdiction is a nullity. Strictly speaking, parties are not required to challenge the decision on that basis—they may ignore it and, if so advised, allow the other side to seek to enforce it. At the enforcement hearing, they can then submit to the court that there is, in fact, no decision capable of enforcement...

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Web page updated on 21/05/2026

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