In his paper Professor Lavers devoted considerable attention to adjudication that has been made possible in England by the Housing Grants, Construction and Regeneration Act 1996, subsequently amended by the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA). A 2012 survey – as cited by Lavers – shows that adjudication is a popular way of resolving disputes in the British building industry and has also gained international popularity. For example, similar statutory regimes have been introduced in Australia, New Zealand, Singapore and Ireland. Malaysia, too, is in the process of establishing a statutory basis for adjudication. Although the followers, with the exception of Ireland, are all members of the British Commonwealth, the question nevertheless arises of whether adjudication may have something to add to dispute resolution in the Dutch building industry.

The premise is that a speedy resolution is desired so that the building process can continue (“pay now, argue later”). A dispute is submitted for adjudication by means of a Notice of Adjudication. The Notice contains a brief outline of the dispute, the names of the parties and the claim. An adjudicator must then be appointed within seven days. If the parties cannot agree on who the adjudicator should be, the claiming party will ask the Adjudicator Nominating Body (ANB) to nominate an adjudicator. The claimant must also submit the substance of the dispute to the adjudicator