Dispute Avoidance is an alternative or intermediary step to adjudication. The Dispute Avoidance process entails the appointment of two Conciliators as and when a dispute arises between the contracting parties but before it is referred to Adjudication or Arbitration as the case may be.
The two Conciliators assist the contracting parties through a conciliation process to amicably resolve their disputes. The Conciliators are actively involved in the negotiation process by providing their recommendation(s).
This process like the other processes are confidential and private, and it is also without prejudice. The recommendations will only be binding upon the parties if they so agree. None of the recommendations may be used against either party should the dispute be pursued in Adjudication or Arbitration.
With this procedure there is no independent ruling or decisions, it is a collaborative process to find an amicable resolution whilst preserving the business relationship between the parties.
The Construction Disputes Tribunal’s Dispute Avoidance Rules is attached under “Documents”. The dispute avoidance duration is approximately 22 working days.
Expert Determination like Dispute Avoidance is an alternative to Adjudication. Matters that are less complex and smaller are referred to Expert Determination. The process involves the appointment of a third party expert to make a determination on the dispute. This procedure is the most cost effective and expeditious alternative dispute resolution procedure.
The Construction Disputes Tribunal’s Expert Determination Rules is attached under “Documents”. The expert determination duration is approximately 7 working days.
The Construction Disputes Tribunal’s Adjudication Rules is attached under “Documents”. The adjudication duration is approximately between 60 to 85 business days (3 to 5 months).
Adjudication as an alternative mechanism for resolving disputes. It is generally not intended to replace arbitration but considered a prior step to arbitration. Disputes are referred to adjudication by way of agreement between the contracting parties.
The procedure for adjudication is cost effective and expeditious. Adjudication is a private and confidential procedure. There is generally no hearing unless necessary, however meetings may be held.
A dispute is generally referred to one adjudicator or alternatively a dispute adjudication board (“DAB”) which may consist of more than one adjudicator depending on the agreement between the parties.
The Adjudicator’s decision is binding and enforceable unless and until revised by arbitration. The Adjudicator’s decision becomes final if it is not referred to Arbitration within the periods agreed.
The adjudication duration is approximately between 2 months.
The Construction Disputes Tribunal’s Arbitration Rules is attached under “Documents”. The arbitration duration is approximately between 100 to 130 business days (5 to 7 months).
Arbitration like adjudication is an alternative dispute resolution mechanism whereby an Arbitrator (appointed by the parties or an institution/body) hears both sides of the dispute and makes an award. Arbitration is dependent on the existence of an agreement to refer disputes to arbitration.
Arbitration is binding and final unless the parties have reserved the right of appeal. However under limited and legally prescribed circumstances, application can be made to the courts to review an award to either set it aside or to remit it to the arbitrator. In arbitration, the dispute is removed from the jurisdiction of the courts.
Arbitration like adjudication is private and confidential. Only those involved in the arbitration will have access to the hearing.
A dispute can be heard by one arbitrator or a panel of arbitrators usually consisting of three arbitrators.
The arbitration procedure is similar to that of litigation.
The Construction Disputes Tribunal’s Expedited Arbitration Rules is attached under “Documents”. The expedited arbitration duration is approximately between 3 to 4 months.
Expedited Arbitration is arbitration proceedings in a reduced or expedited time period. This procedure can be applied by mutual agreement, unless CDT is of the position that the parties would require the ‘normal’ arbitration procedure.
Expedited Arbitration is suitable for less complex disputes
The Construction Disputes Tribunal’s Rules for Full Bench Appeals is attached under “Documents”. The appeal duration is approximately between 50 to 60 business days (2,5 to 3 months).
Arbitration awards may be subject to appeal where the parties have reserved the right of appeal by mutual agreement. An appeal is the rehearing of a dispute (case) by three arbitrators. The Arbitral Tribunal is selected by CDT. The appeal procedure like adjudication and arbitration is private and confidential.
The costs of the different dispute mechanisms are fixed, and the administrative costs are based on cost scales and can be obtained under “Documents – Fees Schedule”.
All time periods can be reduced or increased by mutual agreement between the parties and adjudicator/ arbitral tribunal and CDT