33 Selection of adjudicator

(1)

The claimant must, within the time required under subsection (2),—

(a)

request the person (if any) chosen by agreement between the relevant parties to act as adjudicator; or

(b)

if the person referred to in paragraph (a) has already indicated that he or she is unwilling or unable to act, request any other person chosen by agreement between the relevant parties to act as adjudicator; or

(c)

if no person is agreed on, request a nominating body chosen by agreement between the relevant parties to select a person to act as adjudicator; or

(d)

if the persons referred to in paragraphs (a) and (b) are unwilling or unable to act, and paragraph (c) does not apply, request an authorised nominating authority chosen by the claimant to select a person to act as adjudicator.

(2)

The time required is,—

(a)

for the purposes of subsection (1)(a) and (b), as soon as practicable after the notice of adjudication has been served; and

(b)

for the purposes of subsection (1)(c), 5 working days after the notice of adjudication has been served or any further period that the parties may agree; and

(c)

for the purposes of subsection (1)(d), 2 to 5 working days after the notice of adjudication has been served or any further period that the parties may agree.

(3)

An agreement about the choice of an adjudicator or a nominating body or an authorised nominating authority is not binding on the parties to the adjudication if that agreement was made (whether under the relevant construction contract or otherwise) before the dispute between them arose.

(4)

It is the duty of a nominating body or, as the case may be, an authorised nominating authority to select a person and to request that person to act as adjudicator as soon as practicable.

(5)

A request made under this section must—

(a)

be in writing; and

(b)

be accompanied by a copy of the notice of adjudication; and

(c)

state that it is made under this Act.

Section 33(2)(b): replaced, on 1 December 2015, by section 32 of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 33(2)(c): inserted, on 1 December 2015, by section 32 of the Construction Contracts Amendment Act 2015 (2015 No 92).