Adjudicator Selection Process
There are two ways that an Adjudicator may be appointed to determine a dispute: the Parties may jointly select an Adjudicator from ADACC’s Adjudicator Registry for ADACC to appoint or, if the Parties are unable to agree on an Adjudicator within four calendar days of the day that the Respondent and ADACC receive the Notice of Adjudication, ADACC will appoint an Adjudicator.
Whether the Adjudicator is agreed on by the Parties or to be appointed where there is no agreement, ADACC will obtain the consent of the Adjudicator to adjudicate the dispute before appointing.
Also, regardless of whether the Adjudicator is agreed on by the Parties or to be appointed where there is no agreement, ADACC will not charge a fee to appoint an Adjudicator.
Below is an outline of the Adjudicator selection process.
Claimant Proposes an Adjudicator in the Notice of Adjudication
In the Notice of Adjudication, the Claimant must indicate the name of a proposed Adjudicator from the ADACC Adjudicator Registry to conduct the adjudication. For instructions on completing the Notice of Adjudication, please refer to Commencing an Adjudication.
The Parties May Select an Adjudicator
The Parties have an opportunity to agree on the Adjudicator who they would like to adjudicate the dispute, and are encouraged to communicate with one another to discuss an agreeable Adjudicator. When the Respondent reads the Notice of Adjudication, the Respondent will see the name of the Claimant’s proposed Adjudicator. The Respondent can agree to the Adjudicator proposed by the Claimant, or the Parties can agree to a different Adjudicator from the ADACC Adjudicator Registry. If an Adjudicator is agreed upon, the Parties must jointly submit an Adjudicator Selection Form to ADACC by email at authority@adacc.ca. ADACC will then appoint the selected Adjudicator within seven calendar days of receiving the Adjudicator Selection Form.
A fillable PDF version of the Adjudicator Selection Form can be found here: Adjudicator Selection Form.
The Adjudicator Selection Form must be submitted to ADACC within four calendar days of receipt of the Notice of Adjudication by the Respondent and ADACC. If an Adjudicator Selection Form is not received by ADACC within the four calendar period, ADACC must appoint an Adjudicator from the ADACC Adjudicator Registry within seven calendar days of the expiration of the four day period. Further details about ADACC’s appointment process are outlined below at: Appointment of an Adjudicator Where No Agreement.
ADACC will provide the Parties with the contact information for the Adjudicator on the same day as the appointment.
Appointment of an Adjudicator Where No Agreement
If the Parties are unable to agree to the appointment of an Adjudicator within four calendar days of the Respondent and ADACC being provided with the Notice of Adjudication, ADACC will appoint an Adjudicator from the ADACC Adjudicator Registry. Pursuant to section 22(2) of the Prompt Payment and Adjudication Regulation, ADACC will appoint an Adjudicator from the ADACC Adjudicator Registry within seven calendar days of the expiration of the four calendar days within which the Parties can agree on an Adjudicator to be appointed.
Where the Parties have not agreed to an Adjudicator, ADACC will consider the following factors when appointing an Adjudicator:
matching the issue in dispute with the expertise, qualifications and sector working experience of the Adjudicator;
the amount in dispute and the fees charged by the Adjudicator (to have the Adjudication Fee be proportionate to the amount in dispute);
the availability of the Adjudicator; and
any other appropriate factor (e.g. language, whether the adjudicator has a conflict of interest, etc.).
FAQ: If the Parties agree on a different Adjudicator after ADACC has appointed an Adjudicator, who will be the Adjudicator?
If the Parties agree on a different Adjudicator after ADACC has already appointed an Adjudicator, the Adjudicator appointed by ADACC will be the Adjudicator.
FAQ: If the Parties do not agree on an Adjudicator, will ADACC appoint the Claimant’s proposed Adjudicator?
No. If ADACC is appointing an Adjudicator because the Parties have not agreed on an Adjudicator, ADACC will not appoint the Claimant’s proposed Adjudicator.
