67.4  Identity of Adjudicator

The Adjudicator nominated to consider a dispute referred to him shall be selected on a strictly rotational basis from the relevant panel of experts selected in accordance with the following:

67.4.1  The parties shall endeavour to secure the appointment of the Adjudicator within 3 days of the Notice of Adjudication from a list of experts provided by the relevant expert body 190 to be served by the Referring Party with the Notice of Adjudication.

67.4.2  If the Authority and the Contractor are unable to agree on the identity of the Adjudicator, the President for the time being of the Chartered Institute of Arbitrators shall appoint such Adjudicator within seven (7) days of the Notice of Adjudication.

67.4.3  No Adjudicator shall be entitled to accept an appointment to act as an Adjudicator under this Agreement unless he is willing and able also to be appointed as the Adjudicator to adjudicate a dispute (referred to in clause 67.15 below).  The Adjudicator must be able to show that he is independent of the parties and the Facilities Maintenance Contractor and the Responsive and Cyclical Maintenance Contractor. The Parties agree that in the event that the Adjudicator is unable to satisfy the provisions of this clause 67.4.3 at any time after his appointment and before his decision they will jointly dismiss the Adjudicator and appoint a different Adjudicator in accordance with clauses 67.4.1-67.4.3.

67.4.4  Within seven (7) days of the parties agreeing the identity of the Adjudicator pursuant to clause 67.4.1 above or the application to the Chartered Institute of Arbitrators pursuant to clause 67.4.2 above, the Referring Party shall refer the dispute to the Adjudicator by service upon the Adjudicator of "the Referral" which shall:

(a)  be addressed to the other party,

(b)  include a summary of the nature, background and extent of the dispute and the issues arising,

(c)  include copies of all documents upon which the Referring Party relies,

(d)  set out the relief, remedy and recourse the Referring Party seeks,

(e)  be served upon the other party at the same time as service upon the Adjudicator.

67.4.5  Submission of Arguments

Within five (5) Business Days of receipt of the Referral, the Adjudicator shall give directions as to the submission of all further written submissions.  The Adjudicator shall, in his absolute discretion, consider whether a hearing is necessary in order to resolve the dispute.

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190 Appropriate experts to be selected depending on the matter at issue from a list of construction, operational and maintenance experts provided by the relevant expert body.