Civil Engineering Reference
In-Depth Information
The adjudicator may take the initiative in ascertaining the facts and the law neces-
sary to determine the dispute, and shall decide on the procedure to be followed in
the adjudication. In particular, he may -
(a) request any party to the contract to supply him with such documents as he may
reasonably require including, if he so directs, any written statement from any
party to the contract supporting or supplementing the referral notice and any
other documents given under paragraph 7(2);
(b) decidethelanguageorlanguagestobeusedintheadjudicationandwhethera
translation of any document is to be provided and, if so, by whom;
(c) meet and question any of the parties to the contract and their representatives;
(d) subject to obtaining any necessary consent from a third party or parties, make
such site visits and inspections as he considers appropriate, whether accompa-
nied by the parties or not;
(e) subject to obtaining any necessary consent from a third party or parties, carry
out any tests or experiments;
(f) obtain and consider such representations and submissions as he requires, and,
provided he has notified the parties of his intention, appoint experts, assessors
or legal advisers;
(g) give directions as to the timetable for the adjudication, any deadlines, or limits
as to the length of written documents or oral representations to be complied
with; and
(h) issue other directions relating to the conduct of the adjudication.
The Scheme gives the adjudicator the necessary express powers to enable him to ascer-
tain the facts and the law. Whether and to what extent an adjudicator should do so
is a matter of some controversy among adjudicators, given the difficulties to which
itcanleadintherelativelyshortperiodnormallyavailabletoconcludetheadjudi-
cation. However, where the adjudicator makes use of the power conferred on him,
hemustonlytaketheinitiativetotheextentthatitisnecessaryonthesubmissions
he has received. he Adjudicator should also take care not to fall foul of the rules of
naturaljusticeand,ifhedoestaketheinitiativeonanymatter,shouldgivepartiesan
opportunity to comment on any new material.
16.6.2 Time limit for decision
Paragraph 19 sets out the deadlines imposed upon the adjudicator. It provides:
1. The adjudicator shall reach his decision not later than
(a) twenty-eight days after the date of the referral notice mentioned in para-
graph 7(1);
(b) forty-two days after the date of the referral notice if the referring party so
consents; or
