Jurisdiction(s):
United Kingdom

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...

Adjudicator resigns for valid jurisdictional challenge: fees—who pays?

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Q&As

disputes regarding liability for an adjudicator’s fees and expenses

Such disputes often present intricate issues, and comparatively few judgments explore them in depth. From the outset, parties to adjudication should keep in mind two dimensions of their exposure for the adjudicator’s fees:

their liability to the adjudicator; and
their liability to one another.

In the majority of matters, where the adjudication follows its usual path and an enforceable decision is issued:

the parties’ liability to each other is decided by the adjudicator within the award. The adjudicator generally has discretion to apportion their own fees as they see fit. Commonly, the losing party is directed to pay all, or a greater proportion, of those fees
the parties’ liability to the adjudicator is governed by the contract made with the adjudicator. That agreement may rest on bespoke terms and conditions (T&Cs) provided by the adjudicator or, where no T&Cs are supplied, on implied terms arising from a contract formed by conduct (Linnett v Halliwells). In addition, the Scheme for Construction Contracts includes certain provisions relating...

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Web page updated on 11/06/2026

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