6.5.2 The Dispute Resolution Procedure

 
 


The WIDP Contract (Clause 60 and Schedule 22) sets out a DRP for use for all disputes other than Employment & Pensions (Schedule 20). This requires the parties to consult in good faith to resolve the matter without further use of the DRP.  However if that does not resolve the issue either Party may give notice to the other to refer the dispute to the Adjudicator.  Regardless of the dispute and the referral to DRP the parties are obliged to continue to comply with the Contract

The parties must submit their arguments to the Adjudicator within five Business Days of the appointment for the particular dispute and the Adjudicator's decision will be made within 20 Business Days of appointment. It is a binding decision if not revised, cancelled or varied by Arbitration.  Each Party bears its own costs but the Adjudicators costs are split as decided by the Adjudicator or equally between the Parties

If either Party wishes to challenge the decision of the Adjudicator they can elect to go to arbitration within twenty Business Days of receiving the Adjudicator's decision. The Parties then have to agree the appointment of a sole Arbitrator who must be a solicitor, barrister or an experienced Arbitrator. The Arbitrator will give his decision with twenty Business Days of concluding the hearing and in any case within three months of appointment. His decision is final and binding. The costs of arbitration are awarded at the discretion of arbitrator.