UK Adjudicators July 2019 Newsletter

WWW.UKADJUDICATORS.CO.UK
JULY 2019 NEWSLETTER

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EDITORS’ COMMENTS
The 2019 London Adjudication and Arbitration
Conference is taking place at 12 Bloomsbury
Square, London on the 22 August 2019.
Tickets are on sale and UK Adjudicator
panellists will be able to purchase discounted
tickets. If you haven’t used the link to get the
subsidised tickets please do so as we will be
stopping sale in July so that spaces can be
released to others wanting to attend.
Supporting organisations for the event are
being sought and currently we have speakers
from Keating, Blake Morgan, Augusta
Ventures, Ankura, Addleshaw Goddard, Clyde
& Co, Corbett, Sense Studio, Aquila Forensics
and Fenwick Elliot confirmed with numerous
others expressing an interest to take part
from in the UK and overseas. Sponsorship and
advertising opportunities are highlighted in
the accompanying brochure.
We have taken a table at the SCL South West
lunch on the 11 October 2019 at the Bristol
Marriott Royal Hotel, College Green, Bristol
BS1 5TA. If you would like to attend please
email Sean Gibbs to express your interest.


The Adjudication Society conference takes
place on Thursday, 7 November at the Hilton
London Metropole, 225 Edgware Rd,
Paddington, and London W21JU.  If you would
like to join others for dinner at a venue
nearby afterwards please express your
interest so that we can gauge numbers.
If you have any suggestions on ways we can
improve our services, processes or would like
to assist in promoting UK Adjudicators please
do get in touch.
As always we encourage you to submit
articles, case notes and other matters related
to adjudication and dispute boards for
publication in our newsletter.
Sean Gibbs is a director with Hanscomb
lntercontinental and is available to sit as an
arbitrator, adjudicator, mediator, quantum
expert and dispute board member.
sean.gibbs@hanscombintercontinental.co.uk


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UK LOW VALUE ADJUDICATION
SCHEMES
The CIC and TECSA both have draft low value
adjudication schemes which will be rolled out
in 2019. It appears that they will still charge
their nomination fee but that costs will be
capped in a series of bands. TECSA proposed
bands are:
Claim Value Fee Cap
Up to £10,000 £2,000
£10,001 to
£25,000
£2,500
£25,001 to
£50,000
£3,500
£50,001 to
£75,000
£4,500
£75,001 to
£100,000
£5,000

The CIC’s proposed claim value and fee cap
are as follows:
Claim Value Adjudicator’s fee
Up to £10,000 Up to £2,000
£10,001 to
£25,000
Up to £3,500
£25,001 to
£50,000
Up to £6,000
Over £50,000 Negotiable

The RICS have indicated they will also set up a
low value scheme and have said the process
will be aimed at disputes where claims are for

The CIC are out for consultation on their
Scheme and we have attached the documents
to the rear of the newsletter. Please do look
at the proposal and provide your responses.

SUPREME COURT GRANTS
PERMISSION FOR APPEAL IN CASE
OF S&T v GROVE
S&T (UK) Ltd (Appellant) v Grove
Developments Ltd (Respondent)
UKSC 2018/0222
Neutral Citation No: [2018] EWCA Civ 2448
Lord Wilson, Lord Lloyd‐Jones, Lord Sales
Granted leave to appeal on the 22 May 2019.

TCC JU
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ADJUDICATION SOCIETY


ANNUAL CONFERENCE 2019
Thursday, 7 November, 2019 9.30 for 10am
The Society's Eighteenth Annual Conference
will be held at the Hilton London
Metropole,225 Edgware Rd, Paddington,
London W21JU.
SOCIETY OF CONSTRUCTION LAW
(UK)

Cheltenham
18th
September 2019 at 5.30pm
Design Liability & Professional Negligence –
Contractors and Consultants perspectives
Speaker:  Sian Mirchandani QC, 4 New Square
Chair:  Sean Gibbs
Venue: Queens Hotel, The Promenade,
Cheltenham GL50 1NN

FIDIC CONFERENCES 2019

http://fidic2019.org/en
3rd FIDIC Latin America Contract Users’
Conference, 10‐12 September 2019
Main Conference: Wednesday 11 and
Thursday 12 September 2019
Workshops: Tuesday 10 September 2019
Location: Hotel TBC, Mexico City, Mexico
5th FIDIC Africa Contract Users’ Conference,
28‐31 October 2019
Main Conference: Tuesday 29 and Wednesday
30 October 2019
Workshops: Monday 28 and Thursday 31
October 2019
Location: Avani Resort, Livingstone, Zambia
32nd FIDIC International Contract Users’
Conference, 2‐5 December 2019
Main Conference: Tuesday 3 and Wednesday
4 December 2019
Workshops: Monday 2 and Thursday 5
December 2019
Location: Hotel TBC, London, UK

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Please note that this is a newsletter
and does not provide legal advice.
Whilst every care has been taken in
the preparation of this document,
we cannot accept any liability for
any loss or damage, whether
caused by negligence or otherwise,
to any person using this document.
Independent legal advice should be
taken from a regulated lawyer.

22 AUGUST 2019 - CIARB 12 BLOOMSBURY SQUARE, LONDON WC1A 2LP
2019 LONDON ADJUDICATION & ARBITRATION CONFERENCE
HANSCOMB INTERCONTINENTAL, 5 CHANCERY LANE , LONDON
www.hanscombintercontinental.com
VENUE
CIARB 12 Bloomsbury Square, London WC1A 2LP
2019 LONDON ADJUDICATION
& ARBITRATION CONFERENCE
22 AUGUST 2019

CAPACITY: 140 ATTENDEES, 20 SPEAKERS
ADJUDICATION / DISPUTE BOARD TRACK WILL TAKE PLACE IN THE OLD LIBRARY
ROOM (LGF) 80 PERSONS
ARBITRATION TRACK WILL TAKE PLACE IN THE COUNCIL CHAMBER (GF) 80 PERSONS
COMPARARTIVE PRICE TABLE
Venue sponsor x 1 1600.00
Lunch sponsor x 1 1800.00
Refreshment sponsor x 1 1600.00
Drinks reception sponsor x 1 2400.00
Pen sponsor x 1 170 pens to be supplied by sponsor
Writing pad sponsor x 1 170 pads to be supplied by sponsor
Name badge sponsor x 1 240.00
USB sponsor 170 USB to be supplied by sponsor, with pa-
pers uploaded
Speakers dinner sponsor x 1 1000.00
Platinum sponsor x 1 2000.00
Gold sponsor x 1 1400.00
Silver sponsor x 1 950.00
Bronze sponsor x 3 500.00
Alternatively, one organisation could be the
sole sponsor.
10,000.00
Prices are quoted in £GBP and are subject to VAT at the prevailing rate.
Sponsorship only confirmed by receipt of payment.
We also invite proposals to suit your required budget and level of participation.

VENUE x 1 £1600.00
Acknowledgment in all conference promotions, including flyers, invitations, emails and media
releases.
Brochure distribution to conference delegates.
Limited corporate signage allowed to be displayed
Opportunity to address delegates during conference
Will be thanked during conference and in presentation slides
LUNCH x 1 £1800.00
releases.
REFRESHMENT x 1 £1600.00
releases.
DRINKS RECEPTION x 1 £2400.00
releases.
Opportunity to address delegates at start of drinks reception

SPEAKERS DINNER x 1 £1000.00
releases.
Opportunity to address speakers at dinner
PLATINUM x 1 £2000.00
releases.
Tabletop display and brochure distribution to conference delegates.
Unlimited corporate signage allowed to be displayed
Opportunity to address delegates at opening of conference
May play videos at designated area (sponsor to provide all necessary equipment)
GOLD x 1 £1400.00
releases.
Opportunity for tabletop display and brochure distribution to conference delegates
Unlimited corporate signage allowed to be displayed
May play videos at designated area (sponsor to provide all necessary equipment)
SILVER x 1 £950.00
Acknowledgment in all conference promotions, including flyers, invitations, emails, and media
releases.
Opportunity for brochure distribution to conference delegates.
Four pop up banners may be displayed at venue
BRONZE x 3 £500.00
Acknowledgment in all conference promotions, including brochures, invitations, emails, and media
releases.
Opportunity for brochure distribution to conference delegates.
One pop banner 1mx2m may be displayed at venue.
To discuss your exact requirements or to book packages please contact:
Sean Gibbs, Hanscomb Intercontinental, Eagle Tower, Cheltenham GL50 1TA
sean.gibbs@hanscombintercontinental.co.uk +447722643816

Construction Industry Council, 26 Store Street, London, WC1E 7BT
Tel. 020 7399 7400 Fax. 020 7399 7425
www.cic.org.uk
PRESS RELEASE
4 June 2019
CIC Consultation on Adjudication for Low Value Disputes
The Construction Industry Council (CIC) is developing a Low Value Disputes Model Adjudication Procedure
(LVD MAP) to provide a simple and cost-effective procedure to make adjudication more accessible for
SME’s and others involved in lower value claims. The CIC initiative is a response to growing construction
industry concerns about the increasing complexity and prohibitive costs of adjudication. The CIC LVD MAP
is aimed at disputes where claims are for £50,000 or less, and the issues in dispute are relatively
uncomplicated. The CIC LVD MAP is being developed by a Working Group drawn from key industry
bodies, including the Adjudication Society, CIC, CEDR, ICE and the RICS.
The CIC wishes to consult with the construction industry and other stakeholders to give everyone the
opportunity to make the CIC LVD MAP the best that it can be. The consultation offers interested parties an
opportunity to discuss and shape the CIC LVD MAP, and enable CIC to gauge the degree of industry
support for this initiative.
The CIC LVD MAP can be downloaded here.
Martin Burns RICS Head of ADR Research and Development and Chair of the CIC LVD MAP Working
Group says “The reality is that many smaller businesses are disillusioned with adjudication because it has
developed into a process often inordinately complicated and too expensive for dealing with disputes where
the sums claimed are £50,000 or less. The aim of the CIC LVD MAP is to provide SME’s who might not
otherwise use adjudication, with a simple, Construction Act compliant, timetable and procedure for low
value disputes. The CIC LVD MAP will be relatively low cost to use and parties will know from the outset
what the adjudicator’s fees will be.”
Niall Lawless, Chair of the CIC’s ADR Management Board says: “The CIC LVD MAP offers the construction
industry the opportunity to reinforce confidence in adjudication as a method for deciding straightforward low
value disputes.”
Your comments, opinions, suggestions, and views are valued, and should be sent to the CIC Registrar at
Adjudication@cic.org.uk. The consultation period ends on Friday 5 July 2019.
Ends

Construction Industry Council, 26 Store Street, London, WC1E 7BT
Tel. 020 7399 7400 Fax. 020 7399 7425
www.cic.org.uk
Notes to the editor
CIC is the representative forum for the professional bodies, research organisations and specialist business
associations for professional services providers in the construction industry. It provides a single voice for
professionals in all sectors of the built environment through its collective membership of 500,000 individual
professionals and 25,000 firms of construction consultants.
Press Contact Liz Drummond, ldrummond@cic.org.uk or 020 7399 7400

© Construction Industry Council I
CIC LOW VALUE DISPUTES MODEL
ADJUDICATION PROCEDURE
CONSULTATION DRAFT
An adjudication procedure for low value disputes
complying with the Housing Grants, Construction
and Regeneration Act 1996 as amended by Part 8
of the Local Democracy, Economic Development
and Construction Act 2009 (the “Construction Act”).

2 © Construction Industry Council
CIC Low Value Disputes Model Adjudication
Procedure
CIC 2019: An adjudication procedure for low value
disputes complying with the Housing Grants,
Construction and Regeneration Act 1996 as
amended by Part 8 of the Local Democracy,
Economic Development and Construction Act 2009
(the “Construction Act”).
All parties must rely exclusively upon their own skill and
judgment when making use of this document. Neither
the CIC nor any other contributor assumes any liability
to anyone for any loss of damage caused by any error or
omission whether such error or omission is the result of
negligence or any other cause. Any and all such liability
is disclaimed.
The CIC thanks Gillian Birkby, Martin Burns, Christian
Charles, Niall Lawless, John Munton, Timothy Willis and
Chi Wong for their work preparing the CIC Low Value
Disputes Model Adjudication Procedure.
© Copyright Construction Industry Council
Reproduction is authorised, provided it is without
amendment and the source is acknowledged.

© Construction Industry Council 3
CIC LOW VALUE DISPUTES MODEL
ADJUDICATION PROCEDURE
CONSULTATION DRAFT
An adjudication procedure for low value disputes complying with the
Housing Grants, Construction and Regeneration Act 1996 as amended by
Part 8 of the Local Democracy, Economic Development and Construction
Act 2009 (the “Construction Act”).
CIC Members
Association of Consultant Approved Inspectors
Association for Consultancy and Engineering
Association for Project Management
Association for Project Safety
Association for Specialist Fire Protection
British Approvals for Fire Equipment
Chartered Institute for IT
British Institute of Interior Design
Building Research Establishment
Building Services Research and Information Association
Chartered Association of Building Engineers
Chartered Institute of Architectural Technologists
Chartered Institution of Building Services Engineers
Chartered Institute of Building
Chartered Institution of Highways & Transportation
Chartered Institute of Plumbing and Heating Engineering
Construction Industry Research and Information Association
Ground Forum
Institution of Civil Engineers
Chartered Institution of Civil Engineering Surveyors
Institute of Clerks of Works and Construction Inspectorate

Institution of Engineering and Technology – Built Environment Sector
Institution of Fire Engineers
International Institute of Risk and Safety Management
Institute of Specialist Surveyors and Engineers
Institution of Structural Engineers
Institute of Workplace and Facilities Management
Local Authorities Building Control
Landscape Institute
National House-Building Council
Royal Institute of British Architects
Royal Institution of Chartered Surveyors
Royal Town Planning Institute
The Safety Assessment Federation

Purpose of the CIC LVD MAP
Scope
1. An adjudication procedure for low value disputes complying with
the Housing Grants, Construction and Regeneration Act 1996 as
amended by Part 8 of the Local Democracy, Economic
Development and Construction Act 2009 (the “Construction Act”).
Whereas the object of adjudication is to reach a fair, rapid and
inexpensive decision upon a dispute arising under the Contract,
there is evidence that Parties are deterred from using adjudication
because of the costs involved.
The CIC LVD MAP sets out a streamlined adjudication procedure for
low value disputes, and by linking the Adjudicator’s fee to the
amount claimed provides certainty as to how much the Adjudicator
will be paid for making an Adjudicator’s Decision. By including an
outline timetable for the procedural stages it provides a flexible yet
simple to understand, approach to the key elements of the
adjudication process.
Definitions
2. In this MAP:-
‘Adjudication’ is a process for resolving a dispute arising under the
Contract, whereby an independent Adjudicator decides the matter
within a defined timescale, usually 28 days.
‘Adjudicator’ means the person appointed in accordance with this
procedure by the CIC or other participating Adjudicator
Nominating Bodies (ANBs), who will apply the LVD model
procedure, and who has the qualifications as set out in paragraph
41 below.
‘Adjudicator’s Decision’ is the Adjudicator’s judgment on the
dispute, which is contractually binding until the dispute is
otherwise determined by arbitration or legal proceedings.
‘Contract’ is the formal agreement between the disputing parties
for the carrying out of construction operations as defined in the
Construction Act.
‘Adjudicator’s fees’ are the fees and disbursements charged by the
Adjudicator as set out in Schedule 1.
‘Application fee’ is the fee charged by the Construction Industry
Council, or another participating Adjudicator Nominating Body for
appointing an adjudicator, at the request (application) of the
Referring Party. In the Adjudicator’s Decision, the Adjudicator shall
decide which Party shall bear this expense and in what proportion.
The list of participating Adjudicator Nominating Bodies is set out in
Schedule 2.
Meaning of terms used in the
CIC LVD MAP


‘Low Value Dispute (“LVD”)’ is where the amount claimed is
£50,000 or less.

‘Party’ means a party to the Contract. ‘Referring Party’ means
the Party who commences adjudication by giving a ‘Notice of
Adjudication’. ‘Responding Party’ is the other Party.

‘Notice of Adjudication’ is the first procedural step in adjudication
which gives the Adjudicator jurisdiction to decide matters in dispute.

‘Jurisdiction’ is an Adjudicator’s authority to make a decision.

‘Referral Notice’ is a keystone document and as the Referring
Party’s principal submission in adjudication, it should contain
everything you want the Adjudicator to consider.

‘Response’ is the Responding Party’s answer to the allegations set
out in the Referral Notice.

‘Reply to Response’ is the Referring Party’s answer to the
allegations set out in the Response. Its’ purpose is not to make
good any deficiencies in the Referral Notice.
3 The Adjudicator shall act impartially.
4 The Adjudicator may take the initiative in ascertaining the facts
and the law. The Adjudicator may use their own knowledge
and experience. The adjudication shall be neither an
arbitration nor an expert determination.
5 The Adjudicator’s decision shall be binding until the dispute is
finally determined by legal proceedings, by arbitration (if the
contract provides for arbitration or the parties otherwise agree to
arbitration) or by agreement.
6 The Parties shall implement the Adjudicator’s decision within
7 days from the date of the decision or, if later, by the final date
for payment of any sum which the Adjudicator has decided should
be paid, whether or not the dispute is to be referred to legal
proceedings or arbitration.
Impartiality
The Adjudicator’s role
Decision binding in interim
Implementation of the
decision

Application
7 “The Parties agree that any Low Value Dispute arising from a
contract for the carrying out of construction operations may
be referred to adjudication in accordance with the CIC LVD MAP
current at the time the Notice of Adjudication is served.
8 This procedure will be adopted if the Parties have incorporated it
into the Contract by reference, the reference shall be deemed to
be to the edition current at the date of the Notice of Adjudication,
unless expressly stated otherwise in the Contract. Alternatively,
the Parties may agree to use this procedure on an ad-hoc basis
when a dispute arises.
9 If a conflict arises between this procedure and the Contract, unless
the Contract provides otherwise, this procedure shall prevail.
Appointment of the Adjudicator
10 Either Party may give notice at any time of its intention to refer a
dispute arising under the Contract to adjudication by giving a
written Notice of Adjudication to the other Party. The Notice of
Adjudication shall include a brief statement of the issues or issues
which it is desired to refer and the redress sought.
11 The Referring Party shall request the Construction Industry Council,
or another participating Adjudicator Nominating Body to nominate
an adjudicator within 5 days of receipt of the request. The request
shall be in writing, accompanied by a copy of the Notice of
Adjudication and the appropriate fee.
12 Prior to nomination by the Construction Industry Council, or
another participating Adjudicator Nominating Body the prospective
Adjudicator will confirm that they:-
• Have no current relationship towards either Party nor any
connection with the subject matter of the dispute.
• Have no conflict of interest.
• Will comply this procedure and charge to fees as set out in
Schedule 1.
• Would like to be nominated as Adjudicator.
13 Within 7 days of the Notice of Adjudication, the Referring Party
shall send the Adjudicator and the Responding Party the Referral.
14 Unless the Parties and the Adjudicator otherwise agree, the
Adjudicator shall be appointed on the terms and conditions set
out in the attached Agreement and shall be entitled to be paid the
fee as set out in Schedule 1 below.
Conflict
Notice of Adjudication
Appointment
Conflict of interest
Referral to the Adjudicator
Adjudicator’s terms and
conditions
Boilerplate LVD adjudication
clause
Application

15 If a Party objects to the appointment of a particular person as
adjudicator, that objection shall not invalidate the Adjudicator’s
appointment or any decision the Adjudicator may reach.
16 If the Adjudicator decides that the dispute is not suitable for
adjudication using the CIC LVD MAP, the Adjudicator will resign.
If the Adjudicator resigns the CIC LVD MAP will not be used by a
different Adjudicator to decide the same dispute. A non-exhaustive
list of factors which the Adjudicator may consider as demonstrating
a dispute is not suitable for adjudication using this procedure is set
out in the ‘Guidance on suitability’ in paragraph 49 below.
Conduct of the Adjudication
17 The Parties may choose to be assisted by lawyers or other
professional representatives at any stage of the Adjudication.
The Adjudicator will communicate directly with the Parties and
copy any Party representatives into such communication. Each
Party shall bear its own legal and other costs incurred in
connection with the adjudication.
18 Within 7 days of the Notice of Adjudication, the Referring Party
shall send the Adjudicator and the Responding Party the Referral
Notice. The Referral Notice is a statement of the Referring Party’s
case including a copy of the Notice of Adjudication, the Contract,
details of the circumstances giving rise to the dispute, the reasons
why it is entitled to the redress sought, and the evidence upon
which it relies. The Referral Notice should include an index which
sets out what documents are in the Referral Notice and where the
Adjudicator can find each document, or section of document.
19 The date of referral shall be the date on which the Adjudicator
receives the Referral Notice.
20 After receiving the Referral Notice, the Adjudicator shall, as soon
as reasonably practicable, confirm the date and the adjudication
timetable to the Parties in writing. Unless the Adjudicator directs
otherwise, the adjudication timetable will be as follows:-
• Based upon the Referral being received by the adjudicator
on Day 1.
• The Responding Party will respond to the Referral no later
than Day 14.
• If the Referring Party wishes to make any Reply to the Response,
it may do so in writing no later than Day 21.
• The parties will receive the Adjudicator’s Decision not later
than Day 28.
21 Day means a calendar day. Christmas Day, Good Friday or a day
which under the Banking and Financial Dealings Act 1971 is a bank
holiday in England and Wales or, as the case may be, in Scotland,
shall be excluded from the adjudication timetable.
Objection to appointment
Dispute not suitable
Party representation
Referral Notice – statement
of case
Date of referral
Adjudication timetable
Reckoning periods of time

22 The Adjudicator shall reach their decision within 28 days of the
date of referral, or such longer period as is agreed by the Parties
after the dispute has been referred. The Adjudicator may extend
the period of 28 days by up to 14 days with the consent of the
Referring Party.
23 The Adjudicator shall have complete discretion as to how to
conduct the adjudication, and shall establish the procedure and
timetable. The Adjudicator shall not be required to observe any
rule of evidence, procedure or otherwise, of any court or tribunal.
24 Whereas adjudications under this procedure should generally
be suitable for resolving on a documents only basis, and without
prejudice to the generality of the powers set out above, the
Adjudicator may:-

(i)

request a written response, further argument or counter
argument;

(ii) request the production of documents;

(iii) limit the length or time for submission of any statement,
response or argument;

(iv) proceed with the adjudication and reach a decision even if
a Party fails to comply with a request or direction of the
Adjudicator;

(v) issue such further directions as the Adjudicator considers
to be appropriate.
25 Where the Adjudicator directs, or the Parties mutually agree that
they want to meet the Adjudicator, the Adjudicator will convene a
meeting and request the attendance of people whom he considers
could assist. The Adjudicator may meet and question the Parties
and their representatives, in addition the Adjudicator may meet the
parties separately. Where the Adjudicator meets the Parties he or
she will be paid the fee in accordance with Schedule 1.
26 Where the Adjudicator directs, or the Parties mutually agree that
the Adjudicator should visit the site, the Adjudicator will visit the
site. Where the Adjudicator visits the site the Adjudicator will be
paid the fee in accordance with Schedule 1.
27 The Parties shall comply with any request or direction of the
Adjudicator in relation to the adjudication.
28 The Adjudicator may open up, review and revise any certificate,
decision, direction, instruction, notice, opinion, requirement or
valuation made in relation to the Contract.
29 The Adjudicator may obtain legal or technical advice, provided
that the Adjudicator has first notified the Parties of their intention.
The Adjudicator shall provide the Parties with copies of any
written advice received.
Documents only
Meeting the Parties
Visit the site
Parties to comply
Power to open up certificates
Obtaining advice
Period for decision
Procedure

30 The Adjudicator shall decide the matters set out in the Notice of
Adjudication, together with any other matters which the Parties
and the Adjudicator agree shall be within the scope of the
adjudication.
31 The Adjudicator shall determine the rights and obligations of the
Parties in accordance with the law of the Contract.
32 The Adjudicator may resign at any time on giving notice in writing
to the Parties.
The decision
33 The Adjudicator shall reach their decision within the time limits in
paragraph 22 above and issue the decision as soon as possible
after that. The Adjudicator shall be required to give reasons unless
both Parties agree at any time that the Adjudicator shall not be
required to give reasons.
34 If the Adjudicator fails to reach or issue a decision in accordance
with paragraph 33 above, the Adjudicator shall not be entitled to
any fees or expenses (save for the cost of any legal or technical
advice subject to the Parties having been given a copy of such
advice).
35 The Adjudicator may in any decision direct the payment of such
simple or compound interest from such dates, at such rates and
with such rests, as the Adjudicator considers appropriate.
36 The Adjudicator may on their own initiative or on the application
of a Party correct his decision so as to remove a clerical or
typographical error arising by accident or omission. Any correction
of a decision must be made within 5 days of the delivery of the
decision to the Parties. As soon as possible after correcting
a decision in accordance with this paragraph, the Adjudicator must
deliver a copy of the corrected decision to each of the Parties.
Any correction of a decision forms part of the decision.
37 The Parties shall bear their own costs and expenses incurred in
the adjudication.
38 The Parties shall be jointly and severally liable for the Adjudicator’s
fees and expenses as set out in Schedule 1 below, including those
of any legal or technical advisor appointed under paragraph 29
above, but the Adjudicator may direct a Party to pay all or part of
the fees and expenses. Under English Law a general rule is that
costs follow the event, accordingly the Adjudicator shall apply that
norm when deciding which Party will pay the Adjudicator’s fees
and expenses. If the Adjudicator makes no such direction, the
Parties shall pay them in equal shares.
Matters to be determined
Adjudicator to apply the law
Resignation
The decision
Late decisions
Interest
Correction of errors
Costs
Adjudicator’s fees and
expenses

39 The Parties shall be entitled to the redress set out in the decision
and to seek summary enforcement, whether or not the dispute is
to be finally determined by legal proceedings or arbitration. No
issue decided by the Adjudicator may subsequently be referred for
decision by another adjudicator unless so agreed by the Parties.
40 In the event that the dispute is referred to legal proceedings or
arbitration, the Adjudicator’s decision shall not inhibit the right of
the court or arbitrator to determine the Parties’ rights or
obligations as if no adjudication had taken place.
Miscellaneous Provisions
41 The CIC or other participating Adjudicator Nominating

Bodies (ANBs) will maintain a panel of qualified Adjudicators.
42 Unless the Parties agree, the Adjudicator shall not be appointed
arbitrator in any subsequent arbitration between the Parties under
the Contract. No Party may call the Adjudicator as a witness in any
legal proceedings or arbitration concerning the subject matter of
the adjudication.
43 The Adjudicator is not liable for anything done or omitted in their
discharge or purported discharge of their functions as adjudicator
(whether in negligence or otherwise) unless the act or omission is
in bad faith, and any employee or agent of the Adjudicator is
similarly protected from liability.
44 The Adjudicator is appointed to determine the dispute or disputes
between the Parties and their decision may not be relied upon by
third parties, to whom he shall owe no duty of care.
45 This procedure shall be interpreted in accordance with the law of
England and Wales.
Adjudicator qualifications
Adjudicator not to be
appointed arbitrator
Immunity of the Adjudicator
Reliance
Proper law
Enforcement
Subsequent decision by
arbitration or court

Schedule 1 – Adjudicator’s fees and expenses
46 The Adjudicator’s fees and expenses will be fixed as set out below.

Claim value Adjudicator’s fee

Up to £10,000 £2,000
£10,001 to £25,000 £3,500
£25,001 to £50,000 £6,000

Over £50,000 Negotiable
47 Where the Adjudicator meets with the Parties, in addition to the
fee for acting as Adjudicator, the Adjudicator will be paid £1,000
plus reasonable travel expenses.
48 Where the Adjudicator visits the site, in addition to the fee for
acting as Adjudicator, the Adjudicator will be paid £1,000 plus
reasonable travel expenses.
49 A non-exhaustive list of factors which the Adjudicator may
consider as demonstrating a dispute is unsuitable for adjudication
using the CIC LVD MAP is where:-

•

The documents included in the Referral, the Response, or the
Reply to the Response exceed more than one A4 Lever Arch File.

•

The dispute is prima facia not suitable for the Adjudicator to make
a decision on a documents only basis.

•

There is any argument as to whether the parties have consented
to use the CIC LVD MAP.

•

The terms of the contract between the Parties are not easily
discernible.

•

There any challenges to the Adjudicator’s jurisdiction.
50 Where the Parties have a dispute where the claim exceeds
£50,000, they may choose to follow this procedure. In such
circumstance the prospective Adjudicator shall write to the
Parties setting out the basis of their proposed fees and expenses,
for the Parties agreement.
Schedule 2 Participating Adjudicator Nominating Bodies
51 • Construction Industry Council (CIC)

• ANB One

• ANB Two

• ANB Three.

• ANB Four …
Adjudicator’s Fees and
Expenses
Meeting the Parties
Acting as Adjudicator Fees
Visit the site
Guidance on suitability
Disputes exceeding £50,000
List

FORM OF AGREEMENT
This agreement
is made the ………......……. day of …………………………..........………… 20 ...............
Between
1. ………………………………………………….………………………..............................…...……

of……………………………………………………..............................................................
…………………………………………………..............................................…....................
(the referring Party)
2. ………………………………………………….………………………..............................…...……

of……………………………………………………..............................................................
…………………………………………………..............................................…....................
(the other Party)
3. ………………………………………………….………………………..............................…...……

of……………………………………………………..............................................................
…………………………………………………..............................................…....................
(the Adjudicator)
A dispute has arisen between the Parties under a contract between them
dated.................................... in connection with................................................
..................................................................................................................................
which has been referred to adjudication in accordance with the
CIC Low Value Disputes Model Adjudication Procedure (the
Procedure) and the Adjudicator has been requested to act.
The Parties and the Adjudicator agree that their rights and obligations
shall be as set out in and subject to the terms of this Agreement:
1. The adjudication shall be conducted in accordance with the
Procedure.
2. The Parties shall be jointly and severally liable to pay the
Adjudicator’s fees and expenses as set out in the schedule opposite
and in accordance with the Procedure.

3. The Adjudicator and the Parties shall keep the adjudication
confidential, except so far as is necessary to enable a Party to
implement or enforce the Adjudicator’s decision.
4. The Adjudicator may destroy all documents received during the
course of the adjudication 6 months after delivering their decision.
5. The Adjudicator shall not be liable for anything done or omitted in
the discharge or purported discharge of their functions as
adjudicator (whether in negligence or otherwise) unless the act or
omission is in bad faith, and any employee or agent of the
Adjudicator shall be similarly protected from liability.
6. This Agreement shall be interpreted in accordance with the law
of England and Wales.
Schedule
a. The Adjudicator shall be paid £................. in accordance with
Schedule1 – Adjudicator’s fees and expenses above.
b. The Adjudicator shall be reimbursed their reasonable expenses and
disbursements in respect of the cost of legal or technical advice
obtained in accordance with the Procedure, travelling, hotel and
similar expenses, room charges and other extraordinary expenses
necessarily incurred.
c. The Adjudicator is / is not* currently registered for VAT (where the
Adjudicator is registered for VAT, it shall be payable in accordance
with the rates current at the date the work is done).
Signed on behalf of the referring Party
.................................................................................................................................
Signed on behalf of the other Party
.................................................................................................................................
Signed by the Adjudicator
.................................................................................................................................
* delete as applicable

UK Adjudicators July 2019 Newsletter

UK Adjudicators July 2019 Newsletter

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UK Adjudicators July 2019 Newsletter