To challenge an adjudicator’s decision on the grounds of a lack of jurisdiction, the unsuccessful party must have reserved its right to do so. This means that an objection must have been raised during the adjudication proceedings, whether this be on initial notice of the adjudication or later when the responding party realises that there are grounds to reserve its rights.
If the responding party must make payment as a result of the adjudicator’s decision, they should ensure that they state that such payment is without prejudice to its right to challenge the decision, as failure to do so will usually mean that the party will lose its entitlement to challenge the award.
