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NATIONWIDE ACADEMY OF DISPUTE RESOLUTION 1
GLOBAL CONSTRUCTION ADJUDICATION
HGCRA 1996 UK, DRBF FIDIC and WORLD BANK
Construction DisputeAdjudication Providers To Public Bodies,Commerce and IndustryFor client/main contractor and main contractor/sub-contractor disputes
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CONSTRUCTION ADJUDICATION
The choice of industryDesigned by the industryFast – 28 day processIndustry ExpertiseFair and ImpartialImmediately enforceableAffordableFail-safe protective mechanismGlobal Application
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BENEFITS OF ADJUDICATION 1
Trustworthy experts with an intimate knowledge of law and the industry.World renowned and respected adjudicatorsSpeed – 28 – 35 days maximumLow cost – fixed price available for smaller disputesMinimises legal fees
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BENEFITS OF ADJUDICATION 2
Convenient – mostly by post –email and fax: Hearings, if any, held locally. Relaxed atmosphere with informal proceduresParties chose language of adjudicationNADR provides a choice of truly independent appointment mechanisms.
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BENEFITS OF ADJUDICATION 3
Privacy Safe and secureDefault mechanisms provided for procedure – but parties retain autonomy to agree to alternative procedures and processesFlexible – allowing parties to defer to more informal ADR settlement processes.
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BENEFITS OF ADJUDICATION 4
Built in judicial review / appeal procedures, if neededGlobally enforceableConvert adjudication decision into an arbitral award in case of defaultAllows choice of law –transcending national boundaries
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NADR ADJUDICATION GOLD SEAL
Incorporate into tenders to assure prospective partners that any problems encountered during the construction process will be dealt with by an independent and impartial third party.
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PROCEDURE 1Complainant notifies a complaintRespondent follows contract complaint’s procedureIf problem is not resolved complainant notifies NADR and the other party that he is applying for an adjudicator to be appointedNADR appoints an arbitratorClient has 7 days to submit claim to the adjudicator, after which
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PROCEDURE 2Respondent has 7 days to submit a defence and / or counterclaim, after whichClient has 7 days to respond, after whichAdjudicator has 7 further days to gather any additional information required and to make a decision.Full compliance is usually a formality
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ENFORCEMENT, REVIEW & APPEAL
In the event of non-compliance, a reference can be made on the failure which leads to an arbitral award.This provides a fail safe opportunity for judicial review.International awards are enforceable world-wide under New York Convention on enforcement of arbitral awards.
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UNIVERSALNADR provides a world wide set of rules and regulations for the conduct of adjudication and arbitration, from appointment to enforcement.NADR codes of conduct regulate the conduct of arbitration proceedings to ensure the highest standards of practice and compliance with UNCITRAL MODEL RULES of arbitration
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IMPARTIALITYNADR nominates and appoints the adjudicator upon request of either partyNADR adjudicators are world renowned and listed with many of the premier arbitration providers including :-RICS, CIOB, ICE, FIDIC,CIArb, AAA, Adjudication.co.uk and the AICA.
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CONVENIENTHearings are rareAll submissions handled electronically at minimal cost and inconvenienceElectronic forms provided/downloadableFill in on screen, return by email/faxAdvice on how to complete formsMulti-lingual facilities available.
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INCORPORATION
NADR provides the contract language for the incorporation of NADR Adjudication provisions into construction contractsNADR will advise on the language of the adjudication clause for specific projects.
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NADR WILL HELP YOUTO HELP YOURSELF
When you make an NADR Internet Arbitration Scheme
part of your business practice you receive an
NADR ADJUDICATION MANUAL
⇒
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NADRAdjudication Manual
The manual amounts to a comprehensive User Guide to :-
The Adjudication Dispute ResolutionProcessFor the benefit of both partiesand
The Adjudicator
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The Manual ContainsIntroduction to Adjudication SchemeGlossary of TermsHow the process operatesGuidance through all stages of the arbitration.NADR Adjudication RulesCommon QuestionsAdjudication TimetableAdjudication Process FormsAdjudication Rates
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CLIENT SUPPORT
Clients are fully supported through the stages of the adjudication with :-
process advice electronic submission forms :-available on the NADR Web-Site anda downloadable user guide manual
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NADR INTERNATIONAL OFFICE
Nationwide Academy of Dispute Resolution UK LtdCompany No. 4734831 : Registered OfficeStockland Cottage, 11 James St, Treforest,Pontypridd, Rhondda Cynon Taff. CF37 1BU UKTel : ++44 (0)1443 486122 : (0)8708 379777Fax : ++44 (0)1443 404171 : (0)8708 379700
Email : [email protected]
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NADR OFFICES WORLDWIDE
National Association for Dispute Resolution Inc6688 N. Central Expressway, Suite 600Dallas, Texas 75206, USATel : ++1 (214) 361-4998 ·· (800)685-0999Fax : ++1 (214) 361-2343E-mail : [email protected]
Nationwide Academy of Dispute Resolution (Middle East) LtdPO Box 2303, 118217th Circle, Royal Jordanian City Terminal Building2nd Floor, Office No208, Amman, JordanTel : ++962 6 5853091Fax : ++962 6 5854902E-mail : [email protected]
Nationwide Academy of Dispute Resolution (Hellas/Greece) Ltd48A Vasileos Georgious B’StrPeania 1902 AttikiAthens, GreeceTel/ Fax ++30 2106 643955E-mail : [email protected]
Nationwide Academy of Dispute Resolution (Malaysia) Sdn BhdNo 4-1, 1st Floor, Jalan Vivekananda,Off Jalan Tun Sambanthan (Brickfields),50470 Kuala Lumpur, MALAYSIATel : ++60322 743500Fax : ++60322 744500E-mail : [email protected]
WWW.NADR.CO.UK
