Pro Bono Adjudication
When it comes to construction disputes, adjudication as an alternative dispute resolution mechanism has become the global preferred method for resolving disputes. Adjudication is often used as a precursor to arbitration. It is a speedy and cost effective process and a mechanism included in most construction contracts.
Resolution of construction disputes are not always a financially viable option especially disputes involving either no quantum (monetary claims) or where the quantum is very small that it would not necessarily make commercial sense to refer the dispute for resolution to any type of ADR mechanism. For this reason, the injured contracting party often just absorbs such claims to avoid the costs of referring the dispute for resolution. Depending on jurisdiction and the rules of adjudication – adjudication costs are not always recoverable.
The COVID-19 global pandemic has had an enormous effect on construction companies, especially small to medium size enterprises – many of whom have closed down, others are still trying to recover from the hardship.
As part of giving back to the community and assisting those in financial need of resolving their disputes, IICArb has launched a pro-bono adjudication initiative in terms of which disputes can be resolved through adjudication at no cost to the parties, except for a once off administration fee of R 4 500.00.
Applications made to IICArb for pro-bono adjudication will be assessed on a case by case basis to determine whether the matter is approved for pro-bono adjudication. Not all applications for pro-bono adjudication will necessarily be accepted and only a limited number of pro-bono adjudications will be accepted at a time.
Eligibility criteria: –
- Dispute must be a construction related dispute
- The contracting parties must have agreed to resolution of the dispute by way of adjudication
- Applicant must provide reasons why the dispute should be adjudicated through pro-bono adjudication instead of paid adjudication
Should your application be accepted by IICArb, IICArb will inform the applicant within a period of 14 days following receipt of the application and shall submit an invoice to the applicant for payment of the administration fee of R 4 500.00. Once payment has been received, the adjudicator will get in contact with the parties to commence the adjudication proceedings.
To apply, complete the attached form and send same to email@example.com.