Appointment of an adjudicator under JCT 98

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See also: Adjudication.

The process of appointment of an adjudicator under JCT 98 provisions:

• Clause 41A.1: either party may refer any dispute to adjudication
• Clause 41A.2: the adjudicator shall either be an individual agreed by both parties, or an individual to be nominated by the person named in the Appendix, provided that:
• Clause 41A.2.1: no adjudicator shall be agreed or nominated who will not execute the JCT standard agreement for appointment on an adjudicator, and
• Clause 41A.2.2: where either party has given notice of his intention to refer a dispute to adjudication then:

1. any agreement by the parties must be reached with the object of securing the appointment of the adjudicator within 7 days of the notice
2. any application to the nominator must be made with the object of securing the appointment of the adjudicator within 7 days of the notice
3. once agreed or nominated, the parties shall execute with the adjudicator the JCT adjudication agreement

The particulars to be provided with the referral documents should include:

• Particulars of the dispute
• A summary of the contentions on which the referring party relies
• A statement of the relief or remedy that is sought
• Any material the referring party wishes the adjudicator to consider
• Referral documents should be copied to the other party