35 Appointment of adjudicator

(1)

A person requested to act as an adjudicator in accordance with section 33 must, within 2 working days of receiving the request, indicate whether he or she is willing and able to act in that capacity.

(2)

If the person is willing and able to act as an adjudicator, he or she must serve a notice of acceptance (a notice of acceptance) on the parties to the adjudication and, as the case may be, the nominating body or the authorised nominating authority.

(3)

However, if the person has a conflict of interest, he or she must not serve a notice of acceptance under subsection (2) until the parties have confirmed (whether orally or in writing) that they agree to the person acting as an adjudicator.

(4)

[Repealed]

(5)

[Repealed]

(6)

A person is appointed as an adjudicator to determine the dispute on serving a notice of acceptance that complies with section 35A.

Section 35(2): amended, on 1 December 2015, by section 33(1) of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 35(4): repealed, on 1 December 2015, by section 33(2) of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 35(5): repealed, on 1 December 2015, by section 33(2) of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 35(6): amended, on 1 December 2015, by section 33(3) of the Construction Contracts Amendment Act 2015 (2015 No 92).