Climate change agreements
Adjudication
1. The climate change agreements (CCA) process recognises that there may be cases where there are disagreements between the parties. Consequently, the agreements make provision for adjudication in cases of a dispute on questions of fact – please see schedule 5 to the umbrella agreements. Also, schedule 5 to the underlying agreements provides for adjudication in the following circumstances:
(i) failure by the parties to agree on the exclusion of a facility from an underlying agreement (eg if it ceases to be a facility);
(ii) variation of the targets within an underlying agreement as a result of the exclusion of a facility;
(iii) failure to agree on variation of absolute targets for a target unit following decline in output below 90% level.
2. In these cases, the agreements allow a person who wishes to seek adjudication to refer the dispute to a relevant professional institution. The Chartered Institute of Arbitrators (CIArb) has agreed to manage the adjudication process and to work with professional institutions to create a panel of trained adjudicators from a range of professional backgrounds for CCA cases. The institutions concerned are:
- The Institute of Energy
- The Institute of Materials, Minerals and Mining
- The Institution of Civil Engineers
- The Royal Society of Chemists
- The Institute of Mechanical Engineers
- The Institution of Electrical Engineers
3. Further information about the role of the CIArb and the process for initiating adjudication can be found on the Institute’s website at www.arbitrators.org .
4. At present, access to adjudication is by telephone, but CIArb are working to make the service available on-line and expect to complete during April 2003. In the interim, a party may request the Institute to select an adjudicator from its panel by completing form CCA1, which can be obtained by telephone (020 7421 7447), or by fax (020 7404 4023). This form should be completed and faxed, posted or emailed to the Institute, marked for the attention of Lisa Yuen or Abigail Jennings, at:
The Chartered Institute of Arbitrators
International Arbitration and Mediation Centre
12 Bloomsbury Square
London WC1A 2LP
Email: ajennings@drs-ciarb.com or lyuen@drs-ciarb.com
Fax: 020 7404 4023
Receipt of form CCA1 will be acknowledged by the Institute.
5. If you are intending to seek adjudication, please note that:
(i) Payment of an administration fee should forwarded with a completed form CCA1. A nomination of an adjudicator cannot be made in the absence of a payment to the Institute. For advice on fees, please contact the Institute at the above address.
(ii) Under the adjudication procedure, the party requesting the adjudication must notify the other party to the dispute that the request has been made. Consequently, a copy of the completed form CCA1 should be sent by fax or e-mail to the other party at the same time as the request to the Institute is made.
Defra
05 March 2003
Page last modified: 29 September 2006