DIS AdjR DIS Adjudication Rules (2010)
DIS AdjR
DIS Adjudication Rules (2010)
30.1 The remuneration of the adjudicators consists of a monthly base fee and a variable fee on an hourly basis. The base fee is paid to the adjudicator as remuneration for his availability and for becoming acquainted with the project and the Main Contract and keeping himself informed. Unless otherwise agreed between the parties and the adjudicators, an adjudicator is entitled to the base fee as established in the schedule of costs.
30.2 The variable fee is paid to the adjudicator for the time he spends in participating in meetings (including travel time) and his activities in the course of dispute-related adjudication proceedings. Unless otherwise agreed by the parties and the adjudicators, an adjudicator is entitled to claim the hourly rate established in the schedule of costs.
30.3 Unless otherwise agreed by the DAB and the parties, each adjudicator is entitled to the same base fee and may apply the same hourly rate for the variable remuneration.
30.4 Adjudicators who are liable for VAT are entitled to charge the parties with VAT.
30.5 In addition, the adjudicators are entitled to reimbursement of expenses incurred in connection with their adjudication activity. Expenses are reimbursable only if they are reasonable and appropriate; the adjudicators and the parties may conclude specific agreements with regard to the reimbursement of expenses.
30.6 The parties shall pay the base fee on a quarterly basis in advance at the beginning of each calendar quarter.
30.7 The adjudicators shall invoice the parties with the variable fee and expenses at the latest after the expiry of three months. Copies of the details of the activities performed and the receipts for the expenses shall be included with the invoices.
30.8 The adjudicators are entitled to claim appropriate advances on the variable fee and expenses.
30.9 Unless otherwise agreed by the adjudicators and the parties, the adjudicators are only entitled to an adjustment of the remuneration to the extent there is an adjustment of the respective amount in the schedule of costs of the DIS.
30.10 Each of the parties shall pay half of the amounts invoiced by the adjudicators. The parties are jointly and severally liable to the adjudicators for payment of the fees, the reimbursement of expenses and the advances. The adjudicators are entitled to suspend their activities if such due claims are not paid after having granted a reasonable extension of time for payment.
30.11 The DIS is entitled to charge a fee (fees) for the nomination or decision on the appointment or challenge of an adjudicator including any VAT, if applicable. The parties are jointly and severally liable to the DIS for payment of these fees, notwithstanding any claim for reimbursement by one party against the other. The amount of the fees ensues from the appendix which is part of these adjudication rules.
30.12 Each party shall bear its own costs (handling charges, legal fees) in connection with the activity of the DAB and the dispute-related adjudication proceedings.
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