Adjudication
Fast-track dispute resolution for construction and commercial matters requiring swift decisions.
Adjudication
Key Features
Quick decision-making capability
Access to experienced adjudicators
Fair and clear outcomes
Industry insight and practical experience
Real-world workability of decisions
Helps keep projects and businesses on track
How it works
Making & Responding to a Payment Claim
The unpaid party must serve a Payment Claim on the non-paying party. The non-paying party may then respond within 10 working days by serving a Payment Response admitting the whole or part of the claim and making payment thereof, or disputing the entire claim. If there is a failure to respond within the prescribed 10 working days period, it is deemed that the entire payment claim is disputed. Either party may then refer the dispute to adjudication.
Initiation of Adjudication
A reference to adjudication may be initiated by serving a written Request / Notice for Adjudication on the other party. The referring party is called the Claimant, and the party served with the notice is called the Respondent. Pursuant to Rule 2 of the ICAMEK Adjudication Rules & Procedure, the Claimant shall no later than 7 days after serving a Request / Notice for Adjudication register the adjudication matter at ICAMEK by serving a notice on the Registrar of ICAMEK containing the particulars and documents prescribed therein.
Nomination of Adjudicator
Appointment of adjudicator should only take place after a valid Request / Notice for Adjudication has been effectively served on the Respondent by the Claimant. The parties may agree to a particular competent and qualified person being appointed as adjudicator within 10 working days from the service of the Request / Notice for Adjudication. If the parties are unable to reach an agreement, either or both parties may make a written request to the Registrar ICAMEK to appoint an adjudicator within 5 working days.
Appointment of Adjudicator
Upon being notified of the intended appointment, the selected adjudicator is free to either accept or refuse the appointment. If accepted, the adjudicator shall submit a written declaration to ICAMEK, and deliver a copy of terms of appointment and fees. The adjudicator must within 14 days of acceptance issue a direction ordering the parties to deposit with ICAMEK the reasonable proportion of fees and expenses, and all administrative fees payable to ICAMEK.
Adjudication Claim & Response
The Claimant is required to serve an Adjudication Claim together with supporting documents on the Respondent and the adjudicator within 10 working days from the date of receipt of the acceptance appointment. The Respondent is required to serve an Adjudication Response within 10 working days answering the Adjudication Claim. Upon receipt of the Adjudication Response, the Claimant may then serve an Adjudication Reply within 5 working days.
Conduct of the Adjudication Proceedings
An adjudicator has wide powers under the ICAMEK Adjudication Rules & Procedure to conduct adjudication. He may call for meetings, require interrogatories to be answered by the parties, call for clarifications and further documents. In doing so, the adjudicator has to abide by the rules of natural justice as well as the Adjudicator's Code of Conduct.
Adjudication Decision
The Adjudicator is required to decide on the dispute and deliver his decision to the parties and ICAMEK no later than 45 working days from the service of the Adjudication Response or Adjudication Reply, whichever is later. The decision must be in writing, reasoned unless otherwise agreed by the parties, and must state the adjudicated amount, the time and manner it is payable, and order the costs to follow the event.