NO SUBMISSION TO THE JURISDICTION OF ADJUDICATOR

Thomas-Frederic’s (Construction) Ltd v Keith Wilson [2003] EWCA Civ 1494 (21 October 2003)

In Thomas-Frederic’s (Construction) Ltd v Keith Wilson [2003] EWCA Civ 1494 (21 October 2003), the Court of Appeal held that the appellant, who had challenged the jurisdiction of the adjudicator before the adjudicator, had not submitted to the jurisdiction of the adjudicator so as to prevent him from subsequently challenging that jurisdiction. In order to amount to a submission to the jurisdiction of the adjudicator it must be demonstrated that the party raising the objection has agreed to accept the adjudicator’s decision on the issue. On the facts of the case the appellant had clearly taken the jurisdiction objection before the adjudicator and nothing said thereafter could reasonably be understood as an agreement by him to be bound by the adjudicator’s decision on the point. This being the case, the respondents’ application for summary judgment to enforce the decision of the adjudicator was dismissed. It does not, however, follow from this decision that every objection to the jurisdiction of the adjudicator will provide a ground of challenge to the enforcement of the adjudicator’s decision. The courts can be expected to be ‘vigilant’ and to ‘examine the arguments critically’ before concluding that there was a valid objection to the jurisdiction of the adjudicator.