The Chartered Institute of Arbitrators Irish Branch (CIArb) is the professional home of dispute resolvers in Ireland. As an international not for profit organisation, our mission is to promote the use of Alternative Dispute Resolution (ADR) as the preferred means of resolving disputes throughout the world.
Impartial – Confidential – Professional
Construction Adjudication
Construction Adjudication is a formal, private and binding process where Construction Disputes relating to Payment are resolved by a decision made of an Adjudicator. The process of adjudication is a faster, simpler and less expensive alternative to litigation.
Construction Adjudication in Ireland is governed by the Construction Contracts Act 2013 and is available as a right where disputes arise on Construction Projects. The Adjudicator to be used may be agreed by the parties, appointed by an independent body such as the Chartered Institute of Arbitrators (Irish Branch) or failing that one will be appointed from the Ministers Panel.
Construction Adjudicators
Anyone can become a Construction Adjudicator. Adjudicators generally have a Legal, Quantity Surveying, Engineering or Architectural, background.
The adjudicator performs a judicial role in listening to the facts and evidence presented by the parties, applying the relevant law and issuing a decision. Parties will often seek someone who has the core skills required of an adjudicator and experience in the construction industry, thereby understanding its complexities. Everyone on the CIArb Irish Branch list of Adjudicators is a Fellow of the Institute with many year experience of resolving Construction Disputes and has also completed a CIArb approved Adjudication Training Course.
A solid grounding in adjudication training is essential for anyone wishing to practise as a Construction Industry Adjudicator, or indeed as a party representative in construction Disputes. CIArb’s Adjudication training sets the highest industry standard.
How do I become a Construction Adjudicator
The first step to becoming a Construction Adjudicator is to undertake a training course. The Chartered Institute of Arbitrators has a Pathways Programme in Construction Adjudication which covers the law of obligations, the law of adjudication, adjudication practice and procedure and decision writing. Fast track assessment programmes are available for legal professionals with experience in Adjudication. Further information on CIArb’s courses is available at:
Even if you are not interested in becoming an Adjudicator but need to find out more because you are involved or could potentially be involved in a Construction Payment Dispute you might consider our one day Introduction to Adjudication Course.
Extract from Code of Professional & Ethical Conduct for Members when acting as Neutrals;
- A member shall not behave in a manner which might reasonably be perceived as conduct unbecoming a member of the Institute.
- A member shall maintain the integrity and fairness of the dispute resolution process and shall withdraw if this is no longer possible.
- Both before and throughout the dispute resolution process, a member shall disclose all interests, relationships and matters likely to affect the member’s independence or impartiality or which might reasonably be perceived as likely to do so.
- A member shall accept an appointment or act only if appropriately qualified or experienced.
- Where appropriate and having regard to whether the parties are represented by professionals familiar with the dispute resolution process, the member shall ensure that the parties are informed of the procedural aspects of the process.
- A member shall communicate with those involved in the dispute resolution process only in the manner appropriate to the process.
- A member shall prepare appropriately for the dispute resolution process concerned. A member shall not be influenced by outside pressure or self interest. A member shall not delegate any duty to decide to any other person unless permitted to do so by the parties or applicable law. A member shall not unduly delay the completion of the dispute resolution process.
- A member shall abide by the relationship of trust which exists between those involved in the dispute and (unless otherwise agreed by all the parties, or permitted or required by applicable law), both during and after completion of the dispute resolution process, shall not disclose or use any confidential information acquired in the course of or for the purposes of the process.
- A member shall charge only reasonable fees and expenses having regard to all the circumstances and shall disclose beforehand and explain to the parties to the dispute resolution process the basis upon which the fees and expenses shall be calculated and charged.
Branch Panel
Do you need an Adjudicator or advice on Adjudication?
The list of names forming our Panel is available to view on our dedicated website which is www.adjudicationpanel.ie along with a short Career Summary. These Adjudicators are all Fellows of the CIArb, have Construction Dispute Resolution Experience and have all completed a CIArb Accredited Adjudication Course including an Irish Law Module.
The Panel is prepared by the Chartered Institute of Arbitrators, Irish Branch. The Branch is satis-fied that those on the list have the necessary qualifications to act as Adjudicators. The Branch cannot accept any responsibility for the manner in which the Adjudication is conducted.
Your attention is also drawn to the Code of Practise Governing the Conduct of Adjudication which is available online from the Department of Jobs, Enterprise and Innovation.
Contact
Chartered Institute of Arbitrators
The Distillery Building , 145 – 151 Church Street, Dublin 7
Phone: 01 8175307
Email: ciarb@arbitration.ie
