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ARTICLE · 31 JULY 2008

Choose Your Own Adjudicator?

Parties familiar with adjudication sometimes prefer specific adjudicators, or adjudicators with specific skills or qualifications, to decide their disputes.

United KingdomLitigation, Mediation & Arbitration
Adrian Bell
Adrian Bell

Parties familiar with adjudication sometimes prefer specific adjudicators, or adjudicators with specific skills or qualifications, to decide their disputes. The simplest and most frequent way of parties ensuring they get the "right" adjudicator is to write him or her into the contract as a named adjudicator. The position is a little trickier, however, where the mechanism for appointment is nomination by a nominating body (e.g. the RICS, RIBA etc).

In a recent case the solicitor for one of the parties tried to line-up the "right" adjudicator, who was on RIBA's panel of adjudicators, where the construction contract named RIBA as the nominating body. He rang the targeted adjudicator to check on his availability, and then wrote to RIBA suggesting that the gentleman be appointed as adjudicator. RIBA appointed him as adjudicator. He then heard the parties, and gave his decision.

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