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Rabu, 30 Mei 2018

Initiation Of Adjudication

Forth step in a typical Adjudication process under CIPAA 2012 is explained in a nutshell as below:-
Step 4 (Post Adjudication Stage) (Part 1)
Section 8 Initiation of Adjudication
Section 8(1) states that a Claimant may commence adjudication by serving a written “Notice of Adjudication” on the Respondent. The notice of adjudication must be in writing and contain the nature and description of the dispute and the remedy sought and any supporting documents.
Pursuant to Rule 2 of the KLRCA Adjudication Rules and Procedure, the Claimant is also required to serve a copy of the notice of adjudication on the KLRCA and register the adjudication case with KLRCA, accompanied by a registration fee.
A sample Notice of Adjudication and the Registration Form is provided in Form 3 and 3A respectively of Schedule 1 of the KLRCA Adjudication Rules and Procedure. Please note that the format provided by KLRCA is not a mandatory format and only for guidance purposes. Parties are free to write in their own way but the sample format do provide a great help and guidance in drafting a complete notice.
Please note that a proper service of the Notice of Adjudication is important as it gives the Respondent notice of the intentions of an adjudication proceeding coming in their way.
Pursuant to Section 8(2), after the Notice of Adjudication has been served by the Claimant on the Respondent, the next stage is the appointment of the Adjudicator to adjudicate the dispute between the parties.
The explanation above covers part 1 the requirement under Step 4 which is the Initiation of Adjudication step.
Hope it will be helpful to all.
Please feel free to provide your views, suggestions and comments on the 4th Step of CIPAA process.
Stay tuned for the next part of Step 4 which is the ways Adjudicator can be appointment pursuant to Section 21 of CIPAA 2012.
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Thank you & Happy Reading!!

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