The Proceedings

A number of professional bodies, e.g. The Royal Institute of British Architects, and The Institution of Civil Engineers publish their own procedure, which are very user friendly. Although the disputants can agree to draft their own, it is suggested that it would be preferable, and no doubt cheaper, to use the procedures, suitably amended to suit local conditions, which are published by one of the professional bodies.

General Principles

•       The Adjudicator is a named individual, who is required to act impartially, and in accordance with the rules of natural justice.

•       The Adjudicator may adopt an inquisitorial role, taking the initiative in ascertaining the facts and the law.

•       The Adjudicator may rely on his own expert knowledge and experience

•       The Parties shall, without delay, put into action the Adjudicator’s decision.

Conduct of the Adjudication

The Adjudicator will be required to reach his decision within 28 days of the dispute being referred to him by the referring Party. However if the parties agree, the period of 28 days can be extended. In any case the period of 28 days can be extended by 14 days with the consent of the referring Party.

The Adjudicator will normally have complete discretion in regard to conduction of  the adjudication, and will establish the procedure and timetable.

Who pays for the Adjudication?

The Standard Forms of Contract, which make provision for Adjudication, and the Procedure Rules published by professional bodies, generally direct that each party shall pay its own costs, which include legal and other professional fees.

In regard to the Adjudicator’s fees and reasonable expenses, the Adjudicator will in his decision state how they are to be apportioned as between the parties.

The parties can agree, however, to extend the adjudicator’s jurisdiction to include the power to award costs at his/her discretion.

The expression "provisional interim basis" is also important, for it was never the intention that the Act would abolish the arbitration and litigation of construction disputes; it was only introduced as an intervening provisional stage in the dispute resolution process.