Common use of The Adjudication Clause in Contracts

The Adjudication. a. Once the deadline has passed for evidence submission, we will provide the following to the Adjudicator: i. the Landlord’s evidence, Statutory Declaration or Statutory Declaration Notice; ii. the Tenant’s evidence, Statutory Declaration or Statutory Declaration Notice; iii. any extra evidence from the Landlord or the Tenant. b. If the Parties submit evidence after the Adjudicator has already reached a Decision, they will not be able to take any further evidence into consideration. c. Our Adjudicators are fair and unbiased, and make their Decision based solely on the evidence and Forms submitted. You should submit any evidence you feel supports your case when we ask you to. If you do not submit evidence when requested, the Adjudicator will not be able to consider it when making their Decision. d. The Adjudicator may: i. make any necessary enquiries with the Parties if issues or queries arise when reviewing the evidence; ii. carry on with the Adjudication even if either Party does not comply with these Terms and Conditions, or any instruction from the Adjudicator or us; iii. stop the Adjudication if it appears that the Dispute cannot be settled this way, or if the Parties settle their Dispute before a Decision is made. e. Except in circumstances set out in section d above, the Adjudicator will make a Decision within 28 Calendar Days of receiving the Dispute papers from us. The day of receipt will be the Working Day after the papers are sent to the Adjudicator. f. We will notify the Parties of the Adjudicator’s Decision within 2 Working Days of the Decision. The Decision is binding on both Parties and both Parties must comply with it. g. The Decision cannot be appealed through the Dispute Resolution Service although nothing prevents either Party from pursuing the other through the courts if they disagree with the decision. h. We will make any payment to either Party within 10 Calendar Days of the Decision. i. We will make payments according to the method specified by the relevant Parties j. The Adjudicator may take the initiative in ascertaining the facts and the law. k. The Adjudicator may apply their discretion and judgement to the interpretation of the Tenancy Agreement and the application of the facts. l. The Adjudicator may correct accidental slips or omissions in Decisions within 30 days of the Decision.

Appears in 2 contracts

Samples: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement

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The Adjudication. a. Once the deadline has passed for evidence submission, we will provide the following to the Adjudicator: i. the Landlord’s evidence, Statutory Declaration or Statutory Declaration Notice; ii. the Tenant’s evidence, Statutory Declaration or Statutory Declaration Notice; iii. any extra evidence from the Landlord or the Tenant. b. If the Parties submit evidence after the Adjudicator has already reached a Decision, they will not be able to take any further evidence into consideration. c. Our Adjudicators are fair and unbiased, and make their Decision based solely on the evidence and Forms submitted. You should submit any evidence you feel supports your case when we ask you to. If you do not submit evidence when requested, the Adjudicator will not be able to consider it when making their Decision. d. The Adjudicator may: i. make any necessary enquiries with the Parties if issues or queries arise when reviewing the evidence; ii. carry on with the Adjudication even if either Party does not comply with these Terms and Conditions, or any instruction from the Adjudicator or us; iii. stop the Adjudication if it appears that the Dispute cannot be settled this way, or if the Parties settle their Dispute before a Decision is made. e. Except in circumstances set out in section d above, the Adjudicator will make a Decision within 28 Calendar Days of receiving the Dispute papers from us. The day of receipt will be the Working Day after the papers are sent to the Adjudicator. f. We will notify the Parties of the Adjudicator’s Decision within 2 Working Days of the Decision. The Decision is binding on both Parties and both Parties must comply with it. g. The Decision cannot be appealed through the Dispute Resolution Service although nothing prevents either Party from pursuing the other through the courts if they disagree with the decision. h. We will make any payment to either Party within 10 Calendar Days of the Decision. i. We will make payments according to the method specified specifi ed by the relevant Parties j. The Adjudicator may take the initiative in ascertaining the facts and the law. k. The Adjudicator may apply their discretion and judgement to the interpretation of the Tenancy Agreement and the application of the facts. l. The Adjudicator may correct accidental slips or omissions in Decisions within 30 days of the Decision.

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

The Adjudication. a. Once Upon completion of the deadline has passed for evidence submissionsteps detailed above, we The DPS will provide the following to the Adjudicator:forward copies of i. (i) the Landlord’s evidence, Statutory Declaration or Statutory Declaration NoticeEvidence Form; (ii. ) the Tenant’s evidence, Statutory Declaration or Statutory Declaration NoticeEvidence Form; (iii. ) any extra additional evidence from submitted by the Landlord or the Tenant; to the Adjudicator. b. If the Parties submit Any evidence submitted by either party after the Adjudicator Dispute has already reached a Decision, they will not be able been referred to take any further evidence into consideration. c. Our Adjudicators are fair and unbiased, and make their Decision based solely on the evidence and Forms submitted. You should submit any evidence you feel supports your case when we ask you to. If you do not submit evidence when requested, the Adjudicator will not be able considered by the Adjudicator if a Decision has already been made. c. The Adjudicator will be fair and unbiased and will make a Decision based on the evidence contained in the Dispute Papers. Adjudications are made on the basis of the documentary evidence submitted to consider it The DPS. Please ensure you submit all of the supporting evidence you feel necessary to substantiate your case at the time when making their Decisionyou are requested to do so. Any documentation or evidence submitted after the Dispute has been sent to the Adjudicator may not be considered. d. The Adjudicator may: i. (i) make any necessary enquiries with - provided the Adjudicator tells the Parties if issues about those enquiries and allows them to comment on the findings, where appropriate (ii) receive and take account of any spoken or queries arise when reviewing written evidence the evidenceAdjudicator thinks is relevant; ii. (iii) carry on with the Adjudication even if either Party does not comply act in accordance with these Insured Scheme Terms and Conditions, Conditions or any instruction from the Adjudicator or usinstruction; iii. stop (iv) end the Adjudication if it appears that the Dispute cannot be settled this wayunder it, or if the Parties settle their Dispute dispute before a Decision is made. e. Except in circumstances set out in section d above, The Adjudicator will send copies of any additional information or documents received from one Party to the other Party. f. The Adjudicator will make a Decision within 28 Calendar Days calendar days of receiving receipt of the Dispute papers from usPapers. The day of receipt will be the Working Day after day following the day the Dispute papers are sent to the Adjudicator. f. We g. The DPS will notify the Parties in writing of the Adjudicator’s Decision of the Adjudicator within 2 Working Business Days of the Decision. The Decision will be binding on the Parties. h. The ADR Decision is binding on both Parties and both Parties must comply with it. g. The Decision cannot be appealed through via the Dispute Resolution Service although nothing prevents either Party from pursuing the other through the courts if they disagree with the decisionADR Procedure. h. We will make any i. Any payment to either Party must be made by The DPS within 10 Calendar Days calendar days of the date of the Decision. i. We j. The DPS will make payments according to payment in accordance with the method specified Adjudicator’s Decision by cheque or electronic transfer in accordance with the details recorded for the relevant Parties j. The Adjudicator may take the initiative Parties in ascertaining the facts and the lawits records. k. The Adjudicator may apply their discretion and judgement to the interpretation of the Tenancy Agreement and the application of the facts. l. The Adjudicator may correct accidental slips or omissions in Decisions within 30 days of the Decision.

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

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The Adjudication. a. Once Upon completion of the deadline has passed for evidence submissionsteps detailed above, we The DPS will provide the following to the Adjudicator:forward copies of i. the Landlord’s evidenceEvidence Form, Statutory Declaration or Statutory Declaration Notice; ii. the Tenant’s evidenceEvidence Form, Statutory Declaration or Statutory Declaration Notice; iii. any extra additional evidence from submitted by the Landlord or the Tenant; to the Adjudicator. b. If the Parties submit Any evidence submitted by either party after the Adjudicator Dispute has already reached a Decision, they will not be able been referred to take any further evidence into consideration. c. Our Adjudicators are fair and unbiased, and make their Decision based solely on the evidence and Forms submitted. You should submit any evidence you feel supports your case when we ask you to. If you do not submit evidence when requested, the Adjudicator will not be able considered by the Adjudicator if a Decision has already been made. c. The Adjudicator will be fair and unbiased and will make a Decision based on the evidence contained in the Dispute Papers. Adjudications are made on the basis of the documentary evidence submitted to consider it The DPS. Please ensure you submit all of the supporting evidence you feel necessary to substantiate your case at the time when making their Decisionyou are requested to do so. Any documentation or evidence submitted after the Dispute has been sent to the Adjudicator may not be considered. d. The Adjudicator may: i. make any necessary enquiries with - provided the Adjudicator tells the Parties if issues about those enquiries and allows them to comment on the fi ndings, where appropriate ii. receive and take account of any spoken or queries arise when reviewing written evidence the evidenceAdjudicator thinks is relevant; iiiii. carry on with the Adjudication even if either Party does not comply act in accordance with these Terms and Conditions, Conditions or any instruction from the Adjudicator or usinstruction; iiiiv. stop end the Adjudication if it appears that the Dispute cannot be settled this wayunder it, or if the Parties settle their Dispute dispute before a Decision is made. e. Except in circumstances set out in section d above, The Adjudicator will send copies of any additional information or documents received from one Party to the other Party. f. The Adjudicator will make a Decision within 28 Calendar Days calendar days of receiving receipt of the Dispute papers from usPapers. The day of receipt will be the Working Day after day following the day the Dispute papers are sent to the Adjudicator. f. We g. The DPS will notify the Parties in writing of the Adjudicator’s Decision of the Adjudicator within 2 Working Business Days of the Decision. The Decision will be binding on the Parties. h. The ADR Decision is binding on both Parties and both Parties must comply with it. g. The Decision cannot be appealed through via the Dispute Resolution Service although nothing prevents either Party from pursuing the other through the courts if they disagree with the decisionADR Procedure. h. We will make any i. Any payment to either Party must be made by The DPS within 10 Calendar Days calendar days of the date of the Decision. i. We j. The DPS will make payments according to payment in accordance with the method specified Adjudicator’s Decision by cheque or electronic transfer in accordance with the details recorded for the relevant Parties j. The Adjudicator may take the initiative Parties in ascertaining the facts and the lawits records. k. The Adjudicator may apply their discretion and judgement to the interpretation of the Tenancy Agreement and the application of the facts. l. The Adjudicator may correct accidental slips or omissions in Decisions within 30 days of the Decision.

Appears in 1 contract

Samples: Tenancy Agreement

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