Does late service of the referral notice deprive the adjudicator of jurisdiction?
The answer depends on the procedure governing the adjudication. Under the Scheme, the referring party must refer the dispute within the specified seven-day period. A contractual procedure may address a nomination completed at the end of or after that period differently.
Calculate the referral deadline under the governing rules and do not assume that every Day 8 referral has the same jurisdictional effect
Section 108 requires a timetable aimed at appointment and referral within seven days of the notice. The Scheme contains a specific deadline for sending the written referral to the adjudicator. Hart Investments records that non-compliance deprived the adjudicator of jurisdiction where the requirement was not waived. Cubitt records a different result under contractual wording that required referral immediately after a delayed appointment. Identify the governing rules, trigger date, appointment time, contents of the referral, recipients, service method and any waiver before deciding validity.
| Issue | Position |
|---|---|
| Scheme applies | Observe its express referral deadline |
| Contract procedure applies | Read its delayed-appointment wording |
| Appointment late on Day 7 | Serve immediately and preserve evidence |
| Referral outside mandatory period | Jurisdiction risk |
| Respondent knowingly proceeds | Check clear waiver or reservation |
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