The following data should be inserted into the Contract Data provided by the Employer for an ECC3 contract. Other contracts in the NEC3 family will be similar.
Option 1: Choosing the Adjudicator before contract award: The Employer nominates the Adjudicator in the Contract Data for Option W1 by choosing a person from the JCD Panel of NEC Adjudicators
Data for Option W1
Guidance notes
The Adjudicator is
Insert data
Name
. . . . . . . . . . .
Address
. . . . . . . . . . .
Tel No.
. . . . . . . . . . .
Fax No.
. . . . . . . . . . .
e-mail
. . . . . . . . . . .
The Adjudicator nominating body is:
The Chairman of the Joint Civils Divisions of the Institution of Civil Engineering and the South African Institution of Civil Engineering (see http://www.jointcivils.co.za/)..
The tribunal is:
. . . . . . . . . . .
Insert either “arbitration” or “a South African Court of Law”
If the tribunal is arbitration, add the following:
The arbitration procedure is
As set out in the Rules for the Conduct of Arbitrations Fifth Edition 2005 published by the Association of Arbitrators (Southern Africa)
Alternatively state:
As set out in the Rules of the Arbitration Foundation of Southern Africa.
Or, in the case of an international contract,
As set out in the UNCITRAL Arbitration Rules.
The place where arbitration is to be held is
. . . . . . . . . . .
Insert town or city where arbitration is to be held
The person or organisation who will choose an arbitrator
-if the Parties cannot agree a choice or
-if the arbitration procedure does not state who selects an arbitrator, is
The Chairman of the Association of Arbitrators (Southern Africa)
Alternatively state:
The Chairman of the Arbitration Foundation of Southern Africa
It should be noted that the various NEC3 contracts state that “The Parties appoint the Adjudicator under the NEC Adjudicators Contract current at the starting date”
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