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Severance and survival

A recent decision in the Technology and Construction Court (TCC) in the case of Stellite Construction Ltd v Vascroft Contractors Ltd emphasises the difficulties for a party in arguing that an adjudicator has materially breached the rules of natural justice. However it also reminds us that the adjudicator’s frame of reference for jurisdiction will be the dispute set out in the notice of adjudication and any defence to the claim – stepping outside that frame is likely to exceed jurisdiction to determine the dispute. The court will not enforce a decision of an adjudicator who has no jurisdiction to determine the dispute.

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