Parties to an NEC contract can use the ICE-SA Panel of NEC Adjudicators in one of two ways:
Option 1: The Employer selects a listed person and inserts his name in the Contract Data provided by the Employer. The Contractor then either accepts the person chosen or may suggest another listed person. The Parties agree on the person chosen prior to award of the contract between them.
Option 2: Make reference to the ICE-SA Panel of NEC Adjudicators in the Contract Data provided by the Employer and after contract award, the Party intending to refer the first dispute to adjudication selects two listed persons who have confirmed their availability to act as an Adjudicator, the other Party selects one of these two persons to be the Adjudicator and the Parties make the necessary arrangements for his immediate appointment.
The facility for an external Adjudicator nominating body to make a selection is still available in the event any of the two options should fail e.g. the Adjudicator resigns or becomes unable to act and the Parties cannot agree on a replacement. (see Nomination of an Adjudicator)
It should be noted that clause F.3.17 (Complete adjudicator's contract) of the CIDB Standard Conditions of Tender state that:
Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed.
This requires the successful tenderer (Contractor) as a condition of tender to conclude the contract with the Adjudicator with the Employer, should this be required.