Tony Bingham (24 September, page 70) says that adjudicators should not be given the power to decide on their own jurisdiction as they have a financial interest in the outcome.

Come off it, Tony! Arbitrators have the power to decide on their own jurisdiction, and the courts encourage parties to refer questions of jurisdiction to the arbitrator rather than to them. I have never heard of an arbitrator being influenced by the fact that he will lose a nice sum in fees if, as a result of his decision, the arbitration comes to a premature end.

If adjudicators are given the power to decide their own jurisdiction they will obviously be entitled, as are arbitrators, to charge a fee for the time taken to make that decision.

Postscript

John Sims, via email

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