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 ICE-SA Panel of NEC Adjudicators
Data for Option W1 |
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Guidance notes |
The Adjudicator is |
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Insert data |
Name |
. . . . . . . . . . . |
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Address |
. . . . . . . . . . . |
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Tel No. |
. . . . . . . . . . . |
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Fax No. |
. . . . . . . . . . . |
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. . . . . . . . . . . |
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The Adjudicator nominating body is: |
The Chairman of ICE-SA - a Joint Division of the Institution of Civil Engineering and the South African Institution of Civil Engineering (see http://www.ice-sa.org.za/).. |
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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
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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”