ABSTRACT

IC16 refers to five methods of dispute resolution: negotiation; mediation; adjudication; arbitration; and legal proceedings. Under IC16 the adjudicator may either be named in the contract particulars or nominated by the nominating body identified in the contract particulars. The referring party must refer the dispute to the selected adjudicator within seven days of the date of the notice. Arbitration refers to proceedings in which the arbitrator has power derived from a written agreement between the parties to contract, and which is subject to the provisions of the Arbitration Act 1996. A preliminary meeting may be held to discuss this, otherwise the adjudicator may send the procedure and timetable to both parties. The parties avoid having to wait their turn at the High Court, and may choose a time and place for the hearing which is convenient to all. The arbitrator will be entitled to charge fees and expenses and will apportion those fees between the parties on the same basis.