The Process of Adjudication

Question 1

What are the Adjudicators Obligations?

Answer 1

They must reach their decision in 28 days

They must act impartially

Question 2

What two obligations do the courts consider when enforcing adjudicators decisions?

Answer 2

Has the adjudicator acted within his jurisdiction?

Has the adjudicator complied with the requirements of procedural fairness?

Question 3

What are the two express powers given by the Act to adjudicators?

Answer 3

The power to take the initiative in ascertaining the facts and the law
the power to extend the 28 day period by up to 14 days with the consent of the referring party

Question 4

Does an Adjudicator enjoy immunity from suit?

Answer 4

Yes. As directed by the Act. Only to the parties to the contract under which the adjudicator is acting.

Question 5

What is the adjudicators jurisdiction?

Answer 5

The Jurisdiction to deal with the disputes described in the the notice of adjudication. Nothing else.

Question 6

Who can act as an adjudicator?

Answer 6

In theory anyone, however it should be someone with both an academic professional accreditation in adjudication. The may be

1. Named in the Contract
2. Agreed at the time the dispute arises
3. Nominated by an ANB

Question 7

What is the general procedure for adjudication?

Answer 7

1. Dispute must have crystallised
2. The Notice of Adjudication is issued
3. Within 7 days the Referral should be given
4. The Adjudicator must acknowledge the Referral immediately and state when the decision will be provided.
5. The adjudicator set out timescales for the adjudication
6. The Adjudicator considers the referral notice
7. The Adjudicator issues directions
8. A response to the referral can be given
9. The adjudicator reaches his decision in 28 days

Question 8

What must the Notice of Adjudication contain?

Answer 8

1. It must comply with the rules set out in the contract or if the scheme applies the rules set out in the scheme
2. It must be clear to prevent arguments about the adjudicators jurisdiction (the adjudicator can only decide on the dispute set out in the Notice)
3. It must be sent to the other party or all parties (if under the scheme)
4. If an application to an ANB is required then this myst be made immediately to ensure that the timescales are met

Question 9

What is the Referral?

Answer 9

A statement of the referring parties case; it should make clear what the issues are between the parties.

Question 10

What the Adjudicator’s Directions?

Answer 10

Instructions from the adjudicator telling parties what he expects them to do.

Question 11

What must the adjudicator have to be careful of when meeting the parties?

Answer 11

Causing any or introducing issues or evidence that can give rise to accusations of improving a parties case.

Question 12

How are costs apportioned?

Answer 12

1. Most contracts state that each side pays for their worn costs
2. The adjudicator has the power to apportion costs.

Question 13

How may the decision be conveyed?

Answer 13

However the adjudicator thinks is suitable- there is no prescribed way.