Preparing Contract Data
Preparing Contract Data - Option 1
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 | Guidance notes | |
| The Adjudicator is | Insert data | |
| Name | . . . . . . . . . . . | |
| Address | . . . . . . . . . . . | |
| Tel No. | . . . . . . . . . . . | |
| Fax No. | . . . . . . . . . . . | |
| . . . . . . . . . . . | ||
| 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/).. | |
| 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 |
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”
Preparing Contract Data - Option 2
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 2: Choosing an Adjudicator after contract award: The Party intending to refer the first dispute to adjudication selects two persons from the ICE-SA Panel of NEC Adjudicators, confirms their availability. The other Party selects which of the two is to be the Adjudicator
| Data for option w1 | Guidance notes | |
The Adjudicator is | the person selected by the Parties in terms of the relevant Z Clause from the Panel of NEC Adjudicators set up by ICE-SA – a joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.ice-sa.org.za).. | Insert Z clause (see below) |
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 www.ice-sa.org.za).. | |
The tribunal is: | . . . . . . . . . . . | Insert “arbitration” or a “South African Court of Law” |
If the tribunal is arbitration add:
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 |
The following Z clause should be added where use is made of the ICE-SA Panel of NEC Adjudicators after award i.e. Option 2:
Z | Additional conditions of contract | |
The additional conditions of contract are: | ||
Z1 | Selection and appointment of the Adjudicator | A Party may at any time notify the other Party of the names of two persons he has chosen from the Panel of NEC Adjudicators set up by ICE-SA- a joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see |