The validity of adjudicators' determinations containing errors of law

Purpose – The purpose of this paper is to analyse the development of English Law and the Law in New South Wales, Australia in statutory adjudication concerning judicial review of adjudicators' errors in law.Design/methodology/approach – This paper adopts a black‐letter law approach focussing on recent decisions and their effect on statutory adjudication.Findings – Following the commencement of statutory adjudication in the UK, the English courts swiftly supported the new “pay now, argue later”, rapid form of dispute resolution by holding adjudication to be a private dispute resolution process akin to expert valuation. As such, the English courts have consistently held that adjudicators operate within their jurisdiction even though they may err on points of law, as long as such errors were committed in the course of attempting to answer a question they were contractually authorised to consider. The courts' position in New South Wales (NSW), however, has differed considerably. In NSW, the first Australian S...