Jct2005 Cimar Rules

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Construction Industry Model

Arbitration Rules

JCT/CIMAR


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Published September2005 by Sweet & Maxwell Limited,100 Avenue Road, Swiss Cottage, London NW3 3PF

All rights reserved. No part of this publication may be reproduced, stransmitted, in any form or by any means, electronic, mechanicalotherwise, except in accordance with the provisions of the Copyrig1988, without the prior written permission of the publisher.

Disclaimer

There can be no implication of any acceptance of any responsibility Construction Arbitrators or The Joint Contracts Tribunal Limited, its oagents or any other body or person involved in the drafting of these Rfor the consequences of the use or misuse of these Rules nor for person, firm or company acting or refraining from acting as a resultthese Rules.

Rules, Appendices, Notes: Society of Construction Arbitrators 1998 Registered at Stationers H

JCT Supplementary and Advisory Procedures: The Joint Contracts Tribunal Limited 2005

www.jctcontracts.com


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Contents

Rules

Appendix I: Definition of Terms

Appendix II: Sections of the Arbitration Act 1996 referred towithin the body of the Rules but not reproduced the

JCT Supplementary and Advisory Procedures

Notes issued by the Society of Construction Arbitrators


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JCT Supplementary and Advisor

Procedures in Part A are mandatory. They are incorporated into anedition of the Construction Industry Model Arbitration Rules (CIMarbitration provision is included in a JCT contract it provides for it towith the 2005 edition of the Rules.

Procedures in Part B are advisory and do not apply unless expresslafter arbitral proceedings between them have begun. These proceduof stricter timescales than those prescribed by some arbitration rulesin practice, these stricter timescales to apply unless other periods ameeting (see Rule 6). Part B also contains detailed procedures to beprescribed or ordered timescales are not observed.

Part A: Mandatory Procedures

Procedures under Rule 6

Under Rule 6.2

6.2 .1 Rule 6.2 shall be complied with by each party within 14 daarbitrators acceptance of the appointment is notified to the par

Under Rule 6.3

6.3 .1 The procedural meeting referred to in Rule 6.3 shall be convedays of the date on which the arbitrators acceptance of the parties unless prior to the expiry of that period it has been dec

6.6 that such a meeting is unnecessary in which case the maand 6.4 shall be directed by the arbitrator having regard to abehalf of the parties submitted in accordance with a timetable d

6.3 .2 Unless the parties have agreed which of Rules 7,8 or 9 is to apthe arbitrator (having regard to Rules 7.1,8.1 and 9.1, the mateand any other representations on behalf of the parties) directs

Part B: Advisory Procedures

Procedures issued under Rule 6.5 relating to Rule 7

Rule 7.2

7.2 .1 Unless otherwise directed by the arbitrator under Rule 6.3,written statements of case referred to in Rule 7.2 to the other later than 7 days before the date of the hearing referred to in R


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Rule 7.5

7.5 .1 The substance of any expert evidence to be adduced under Rwriting along with the written statements of case referred to in R

Rule 7.6

7.6 .1 The last of the steps referred to in Rule 7.6 shall be the dconcluded.


Rules 8.2 and 8.3

8.2 .1 Unless otherwise directed by the arbitrator under Rule 6.3, threferred to in Rule 8.2 and the statements of reply referred to to the other party and the arbitrator in accordance with the follo

(a) The Claimant shall submit his statement of case withwhich Rule 8 becomes applicable.

(b) The Respondent shall submit his statement of case withthe Claimants statement of case.

(c) The Claimant may submit a statement in reply within 14Respondents statement of case limited to matters statement of case and shall do so where the Respondclaims from the Claimant any remedy (including but not

(d) The Respondent may submit a statement in reply withithe Claimants statement in reply (if any) limited to mastatement in reply.

8.2 .2 Subject to Rule 8.2.3, the timetable for submission of statemperiod referred to in either Rule 8.2.1(c) or, if applicable, Rule 8

8.2 .3 If either party fails to submit in accordance with the timetablestatement required of him by that Rule, the arbitrator shall direon the basis of the material submitted unless within 7 days of tthe party concerned that party submits the statement requiresufficient cause why the arbitrator should not proceed to makethat direction (see Rule 11.3) and:

(a) if that party submits the statement required of it in acdirection, the timetable under Rule 8.2.1 will continue as

(b) if that party shows sufficient cause why the arbitrator shaward in accordance with that direction, the arbitrator sstatement required of it shall be submitted and thattimetable under Rule 8.2.1;

(c) if that party fails to comply with the arbitrators dirsubmission of statements shall conclude 7 days after ththe party concerned.


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Rule 9.2

9.2 .1 Unless otherwise directed by the arbitrator under Rule 6.3, thein Rule 9.2 shall be exchanged with the other party and the arfollowing timetable.

(a) The Claimant shall exchange his statement of claim wiwhich Rule 9 becomes applicable.

(b) The Respondent shall exchange his statement of counterclaim (if any) within 28 days after submission oclaim.

(c) The Claimant may exchange a statement of reply to thdefence limited to matters raised in the statement of submission of the Respondents statement of defenceexchange a statement of defence to the Respondentsany).

(d) The Respondent may exchange a statement of reply tdefence to counterclaim (if any) limited to matters counterclaim within 14 days after exchange of that state

9.2 .2 Subject to Rule 9.2.3, the timetable for the submission of stathe period referred to in either Rule 9.2.1(c) or, if applicable, Ru

9.2 .3 If either party fails to exchange in accordance with the timetabwritten statement of claim, defence, or reply that he is requiredarbitrator shall direct that the timetable for the exchange of staafter the service of that direction on the party concerned unlesexchanges the statement required of him or by writing shotimetable for the exchange of statements should not concldirection (see Rule 11.3) and:

(a) if that party exchanges the statement required of it in acdirection under Rule 9.2.3, the timetable under Rule 9.2of its exchange;

(b) if that party shows sufficient cause why the timetable foshould not conclude in accordance with that direction, thby which the statement required of it shall be exchangeof the timetable under Rule 9.2.1;

(c) if that party fails to comply with the arbitrators directiotable for the exchange of statements shall concluarbitrators direction.

9.2 .4 Except to the extent provided for in Rules 9.3 and 9.4, no streply shall be of effect unless exchanged by the date on exchange of statements concludes.

Rule 9.4

9 4 1 Th bit t h ll t l t th 14 d ( h th i d


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Procedures issued under Rule 13.5 relating to Rule

Rule 13.5

13.5 .1 Notwithstanding Rules 7.5 and 7.7, where Rule 7 applies eachreasons the arbitrator at his discretion otherwise directs) proceedings conducted under that Rule and half the cost expenses incurred in respect of those proceedings (see Arbitra

s.60. An agreement which has the effect that a party is to pay the arbitration in any event is only valid if made after the dispute in ques


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Constr

Arbitra


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Members

Association of Consulting Engineers Limited

British Property Federation Limited

Construction Confederation

Local Government Association

National Specialist Contractors Council Limited

Royal Institute of British Architects

The Royal Institution of Chartered Surveyors

Scottish Building Contract Committee Limited

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