Our expert ADR solicitors at P.A. Duffy & Co have vast experience supporting and representing parties who wish to resolve their commercial contractual disputes via adjudication. Our friendly and approachable ADR team will ensure that the adjudication process runs as smoothly and as stress-free as possible until a binding decision is made.
What is adjudication?
Adjudication is a cost-effective, straightforward, and relatively quick method which is utilised to resolve disputes and enforce a decision without recourse to the Courts. Adjudication is commonly utilised to resolve construction disputes but can be an effective mechanism to resolve any dispute relating to payment issues, breach of contract and contract termination and much more.
How is the adjudicator selected?
An adjudicator may be named in the initial contract between the parties, this contract could list a nominating body, who will select an adjudicator for the dispute. However, if the dispute has arisen and there is no record of a nominating body in the contract, then both parties can negotiate and agree upon an individual to act as the adjudicator.
Often, the parties cannot reach an agreement, therefore the party responsible for referring the dispute to adjudication may make an application to a nominating body, and within five days the nominating body will notify the parties on the appointed adjudicator.
Can I withdraw from an adjudication?
Yes, you can withdraw from an adjudication if you are the party responsible for bringing the dispute before adjudication. However, you will be liable for the cost of the adjudication and the adjudicator’s fees.
However, if you are the countering party to adjudication, and you wish to withdraw from the adjudication then the adjudication will proceed in your absence. It is important to note that, if the adjudicator makes a final decision against you, you must adhere to it as the adjudicator’s decision is binding.
Does the adjudicator make the final decision?
Most adjudication decisions are accepted by the parties; however, this is not always the case with some parties. Both parties have the legal right to bring the dispute before the court if they are not happy with the adjudicator’s decision. However, if you decide to pursue with court, you must still adhere to the adjudicator’s decision until the court rules otherwise.
Who pays for the adjudication fee?
This depends on the terms listed in the contract, however in standard cases both parties are liable for the adjudicator’s fees. It is also possible for the adjudicator to decide how much each party is to pay towards their fees. The successful party is usually not required to pay the fees however if the unsuccessful party fails to pay the fee, then the successful party must pay.
What if you are unhappy with the adjudicator’s decision?
If you are unhappy with the adjudicator’s decision, please note that (while it cannot be appealed) it can be overturned by a higher authority, such as by the courts or arbitration, which we can also attend to you as your Solicitor. For example, we can help you present this matter before the court by applying for the ‘summary judgement’.
Our ADR team will be here to help you during this entire process by providing you with expert advice and consistent contact.
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