Appointment of the Adjudicator Clause Samples
The "Appointment of the Adjudicator" clause establishes the process by which an independent adjudicator is selected to resolve disputes arising under the contract. Typically, this clause outlines the qualifications required for the adjudicator, the method of selection—such as mutual agreement between the parties or nomination by a professional body—and the timeframe within which the appointment must be made. Its core practical function is to ensure that any disagreements can be addressed promptly and impartially, thereby minimizing delays and providing a clear mechanism for dispute resolution.
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Appointment of the Adjudicator. I.2.1 F4E hereby appoints the Appointee to be an adjudicator in the Panel of Adjudicators in order to act as an Adjudicator in any Dispute (i) arising from or in relation to the Buildings Contract(s) between F4E and its Contractor(s) (or any third party who has been accepted to join the adjudication) once the conditions under the respective provisions on adjudication of the Buildings Contract(s) are met, and (ii) arising from or in relation to the Interface Agreement between the Contractors (or any third party who has been accepted to join the adjudication) once the conditions under Schedule 4 (Adjudication Procedure) to the Interface Agreement are met.
I.2.2 Subject to the conditions under the respective provisions on adjudication of the Buildings Contract(s) and under Schedule 4 (Adjudication Procedure) to the Interface Agreement, the Appointee hereby accepts to be an adjudicator in the Panel of Adjudicators and agrees that he may be nominated as an Adjudicator, which will be a personal nomination, by the Chairman of the Panel of Adjudicators, and agrees to be bound by the terms and conditions of this Contract and to follow the relevant provisions of the Buildings Contract(s) and the Interface Agreement, as the case may be. In order to effectuate such nomination, the Appointee undertakes to sign a declaration in the form as attached hereto in Annex II (Acceptance of Nomination and Declaration of Independence, Commitment and Conflict of Interests).
I.2.3 The scope of adjudication is described in detail in Annex I (Terms of Appointment and Rules of Procedure).
Appointment of the Adjudicator. An Adjudicator is appointed when a dispute arises, from the Panel of Adjudicators below. The referring party nominates an Adjudicator, which nomination is either accepted or rejected by the other party. In the instance of a rejection of the nominated Adjudicator, the referring Party refers the appointment deadlock to the Chairman of the Johannesburg Bar Council, who appoints an Adjudicator listed in the Panel of Adjudicators below The Parties appoint the Adjudicator under the NEC3 Adjudicator’s Contract, April 2013
Appointment of the Adjudicator. An Adjudicator is appointed when a dispute arises, from the Panel of Adjudicators below. The referring party nominates an Adjudicator, which nomination is either accepted or rejected by the other party. In the instance of a rejection of the nominated Adjudicator, the referring Party refers the appointment deadlock to the Chairman of the Johannesburg Bar Council, who appoints an Adjudicator listed in the Panel of Adjudicators below The Parties appoint the Adjudicator under the NEC3 Adjudicator’s Contract, April 2013 Panel of Adjudicators Name Location Contact details (phone & e mail) Adv. Ghandi Badela Gauteng +▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇.▇▇ ▇▇. ▇▇▇▇▇ ▇▇▇▇ Pr. Durban +▇▇ ▇▇ ▇▇▇ ▇▇▇▇ Eng. ▇▇▇▇▇.▇▇▇▇@▇▇▇▇.▇▇.▇▇ Adv. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ +▇▇ ▇▇ ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇.▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ +▇▇ ▇▇ ▇▇▇ ▇▇▇▇ Pr. Eng. ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ ▇▇. ▇▇▇ ▇▇▇▇ Gauteng ▇▇▇@▇▇▇▇▇▇▇.▇▇▇ Adv. ▇▇▇▇ Ryneke Gauteng 083 653 2281 SC ▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇▇▇.▇▇.▇▇ ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇ Pretoria +▇▇ ▇▇ ▇▇▇ ▇▇▇▇ (Quantity Surveyor) ▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇.▇▇
Appointment of the Adjudicator. 2.1 If a disagreement cannot be resolved by the parties, the party who gave notice of disagreement shall refer the disagreement, now dispute, to the other party or nominating body (CD) for adjudication by issuing a notice of adjudication, which notice must include:
2.1.1 the nature and brief description of the dispute and the parties involved;
2.1.2 details of where and when the dispute has arisen;
2.1.3 nature of redress sought; and
2.1.4 names and addresses of the parties
2.2 The parties shall appoint the adjudicator by mutual agreement within five (5) working days after the date on which the disagreement was deemed to be a dispute in terms of the Dispute Resolution clause of the respective agreement(s). Where the parties have failed to make an appointment within such period, either party may request the nominating body to appoint the adjudicator within five (5) working days from date of such request. Neither party shall have the right to object to such an appointment
2.3 The adjudicator shall in writing notify the parties of his acceptance of the appointment in terms of these rules within three