Who pays for the adjudication?
This depends on the terms of the contract. Most standard form contracts and adjudication rules provide that the parties cannot recover their own costs in the adjudication. Neither party can claim any fees incurred by lawyers, experts or anyone else who helps prepare his case. Both parties are jointly and severally liable for the adjudicators fees. In common with the Scheme, standard forms usually provide that the adjudicator can decide who is to pay his fees and reasonable expenses by apportionment between the parties in his decision. Usually, the successful party is not required to pay the adjudicators fees but should an unsuccessful party refuse to pay the adjudicators fee he can lawfully claim the fee from the successful party. The Scheme is silent on the parties’ own costs. It has now been decided that although there is no implied term that the adjudicator may decide on payment of the parties costs, he can be given the power to do so in the adjudication, e.g. by both parties claimi
