Telling an adjudicator to clear off and ind his own business is normal. Of course, it comes out more politely than that. You say: "Dear Mr Adjudicator, we respectfully inform you that because of - and then you explain why the adjudicator does not have jurisdiction. In short, one of the parties doesn't want to play adjudications. But the adjudicator will not want to go. Truth is, he is biased in the eyes of the law. He has an interest in staying. Fees! RG Carter Cambridge told the adjudicator to clear off. This happened when its brickwork subcontractor, IDE Contracting, began an adjudication for unpaid sums. Since the subcontract published the name of a pre-chosen adjudicator, it made sense for IDE to phone up and see if the fellow was available. That was on 12 September last. No, he wouldn't be free for about six weeks. So the IDE representative issued a standard notice of adjudication, then applied to the Chartered Institute of Arbitrators for a nomination. And the CIA picked a good chap, too. But RG Carter told him that the rules in The Scheme for Construction Contracts laid down a rigmarole for finding a substitute adjudicator. Guess what? It had not been followed, said RG Carter.
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