§ 25 — Determinations in adjudication

25.—(1) Subject to section 12(3) and to any rules and procedures established by the authorised dispute resolution body under section 10(2)(c) (being rules and procedures not inconsistent with any requirement under this Act), an adjudicator may —(a)

conduct the adjudication proceedings in any manner that the adjudicator thinks fit;

(b)

require submissions or documents from any party and set deadlines for their submission; and

(c)

issue any directions (not inconsistent with any requirement under this Act) that may be necessary or expedient for the conduct of the case.

(2) The parties to a complaint of non‑compliance must comply with any requirement made or direction issued by the adjudicator in accordance with this section.

(3) An adjudicator’s power to determine any dispute that is the subject of a complaint of non‑compliance is not affected by the failure of —(a)

the respondent to file a response; or

(b)

any of the parties to comply with or carry out any requirement made or direction issued by the adjudicator under this section,

and in the event of any such failure, the adjudicator may determine the dispute based on the information and documents available to the adjudicator.

(4) The adjudicator must, in relation to any dispute that is the subject of a complaint of non‑compliance (unless the dispute has been settled under section 24) —(a)

make a determination whether there has been non‑compliance with a leasing principle as alleged by the party that filed the complaint of non‑compliance; and

(b)

where the determination is that there has been such non‑compliance, make a further determination, as may be applicable —(i)

that the lease agreement must be varied in order to correct the non‑compliance; or

(ii)

as to any compensation provided by the leasing principle for the non‑compliance that should be paid.

(5) The determination of the adjudicator must be in writing.

(6) The determination of the adjudicator is binding on the parties and on any person claiming through or under them, unless or until —(a)

permission of the court to enforce the adjudication determination is refused under section 27;

(b)

the dispute is finally determined by a court or an arbitral tribunal or at any other dispute resolution proceeding; or

(c)

the dispute is settled by agreement of the parties.

—(1) Subject to section 12(3) and to any rules and procedures established by the authorised dispute resolution body under section 10(2)(c) (being rules and procedures not inconsistent with any requirement under this Act), an adjudicator may —(a)

conduct the adjudication proceedings in any manner that the adjudicator thinks fit;

(b)

require submissions or documents from any party and set deadlines for their submission; and

(c)

issue any directions (not inconsistent with any requirement under this Act) that may be necessary or expedient for the conduct of the case.

(2) The parties to a complaint of non‑compliance must comply with any requirement made or direction issued by the adjudicator in accordance with this section.

(3) An adjudicator’s power to determine any dispute that is the subject of a complaint of non‑compliance is not affected by the failure of —(a)

the respondent to file a response; or

(b)

any of the parties to comply with or carry out any requirement made or direction issued by the adjudicator under this section,

and in the event of any such failure, the adjudicator may determine the dispute based on the information and documents available to the adjudicator.

(4) The adjudicator must, in relation to any dispute that is the subject of a complaint of non‑compliance (unless the dispute has been settled under section 24) —(a)

make a determination whether there has been non‑compliance with a leasing principle as alleged by the party that filed the complaint of non‑compliance; and

(b)

where the determination is that there has been such non‑compliance, make a further determination, as may be applicable —(i)

that the lease agreement must be varied in order to correct the non‑compliance; or

(ii)

as to any compensation provided by the leasing principle for the non‑compliance that should be paid.

(5) The determination of the adjudicator must be in writing.

(6) The determination of the adjudicator is binding on the parties and on any person claiming through or under them, unless or until —(a)

permission of the court to enforce the adjudication determination is refused under section 27;

(b)

the dispute is finally determined by a court or an arbitral tribunal or at any other dispute resolution proceeding; or

(c)

the dispute is settled by agreement of the parties.