PROCEDURE FOR THE APPOINTMENT OF AN ARBITRATOR, ADJUDICATOR OR AMICABLE SETTLEMENT FACILITATOR
The SAICE Presidents Panels are available to parties in a dispute to select an Arbitrator, Adjudicator or Amicable Settlement Facilitator. The person selected should be a person acceptable to both parties. If the parties are unable to agree on the person, the President of the South African Institution of Civil Engineering will, upon request, nominate a person from the panels in terms of the contract agreement.
To enable the President to nominate a suitable person, the following information is needed:
- The type of nomination required; arbitrator, adjudicator or amicable settlement facilitator
- The names of the Parties and their representatives or agents.
- A copy of the Dispute Notice and the Contract Data listing the conditions of contract applicable to the contract.
- The specific clause, if applicable, in the contract agreement stipulating dispute resolution through arbitration, adjudication or amicable settlement and giving rise to the request for the nomination.
- Copies of relevant further correspondence between the parties concerning the dispute.
- The names of the persons who may have already been considered and rejected by the parties.
- A brief description of the dispute, including of the role of the parties involved in the dispute.
- The location of the subject matter of the dispute
On receipt of the information, the request will be placed before the President who will determine the availability of his nominee and whether there are any conflicts of interest. A nomination letter is then addressed to the person selected, with copies to the parties. The nominee will then communicate directly with the parties to agree with them the terms and conditions of the appointment.
THE PRESIDENT’S LISTS: ANNOUNCEMENT FOR 2020
Up to now there has been no cost to the individuals included on the President’s list, albeit that a set of admission criteria has recently been introduced for persons applying for inclusion.
The SAICE Finance and Administration Committee has decided that, in line with the custom at other institutions and starting in 2020, a nominal annual fee of R200.00 per list, with a maximum of R500.00, will be levied.
This means that if a person wants to remain on the lists for Adjudicators and Arbitrators, the fee will be R400.00 per annum. Inclusion onto the list of Adjudicators only, will cost R200.00 per annum, while inclusion onto all lists will cost R500.00 per annum.
Please address all correspondence to:
The Chief Operating Officer
The South African Institution of Civil Engineering
Attention: Dawn Hermanus
Tel: (011) 805-5947/48/53
Fax: (011) 805-5971