The adjudicator's jurisdiction

An adjudicator's powers are derived from the Act and the procedural rules governing the adjudication. Typically, an adjudicator's jurisdiction commences when the dispute is referred to him and ends when he reaches his decision. The consequence for an adjudicator who is not seized of jurisdiction or who breaches the boundaries of his jurisdiction is that the adjudication is invalidated and it follows that any decision the adjudicator reaches will be worthless. This chapter provides guidance on when to think about jurisdictional issues, the available options for how to react when a jurisdictional issue arises, the circumstances in which the ability to challenge the jurisdiction of an adjudication may be lost, and some putative threshold, process and decision-based jurisdictional challenges. It outlines scenarios arising in the lead-up to the decision, or in the decision itself, that may demonstrate that the adjudicator has acted outside, or has failed to exhaust, his jurisdiction.