It appears that in South Africa, whichever form of contract applies, the preference is for ad hoc rather than standing adjudication panels. Dispute resolution is dealt with in Option W1 of the NEC3. This Option envisages having a standing adjudicator appointed to the project, by way of the contract data. In a recent article, where we discussed developments in South Africa, however, we concluded that Option Wl is, at least locally, generally used as an ad hoc adjudication process. This had been reinforced by the findings of the court in Transnet SOC Limited v Group Five Construction (Pty) Ltd and others.
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