Model clause: Adjudication
Having a well-drafted model clause ensures effective and efficient dispute resolution if the need arises.
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Model clause for future disputes
Looking for a clause to insert in your next contract? Use our model clause to access contractual adjudication if a dispute arises.
Existing disputes
Parties to an existing dispute can agree to refer it to contractual adjudication. Request a template adjudication agreement.
Model clause for adjudication under the BDT Adjudication Rules
Use this clause to have future disputes resolved by adjudication under the BDT’s Adjudication Rules:
“Any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, shall be referred to adjudication in accordance with the Adjudication Rules of the Building Disputes Tribunal.”
We recommend also inserting the following:
“Any dispute or difference that has been the subject of an adjudication, may be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Building Disputes Tribunal.
No party may commence arbitration or any other legal proceedings other than commencing proceedings necessary to preserve its legal rights unless that party has first complied with the adjudicator’s determination.”
In our experience, in the vast majority of cases the parties comply with an adjudicator’s determination, and the matter goes no further. However, we recommend the arbitration clauses above, as an alternative to challenging the determination in court.
Complete the form below, and our registry team will send you an agreement to use:
Got an existing dispute?
Parties to an existing dispute that have not incorporated an BDT Model Adjudication Clause into a prior agreement may still agree to refer that dispute to adjudication under the BDT Adjudication Rules by signing an agreement to refer their dispute to adjudication.