Preparing Contract Data
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 |
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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).. |
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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
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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 |
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The additional conditions of contract are: |
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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 |