FOURTH SCHEDULE
Rule 20
Scheme for adjudication of relevant disputes
Application
1.  The provisions of this Schedule shall apply to every dispute that is submitted for adjudication under the Scheme.
Definitions
2.  In this Schedule, unless the context otherwise requires —
“adjudicator” means an adjudicator appointed for the Scheme under paragraph 3(3);
“party”, in relation to a dispute submitted for adjudication under the Scheme, means —
(a)in the case of a dispute arising from a refusal, by a person requested by a solicitor under rule 7(9) or (10) to countersign a pay-out form or variation pay-out form relating to the payment of any conveyancing money from the solicitor’s conveyancing account or conveyancing (CPF) account, to countersign that pay-out form or variation pay-out form —
(i)the person;
(ii)the solicitor;
(iii)the client for whom the solicitor was acting when the solicitor made that request; or
(iv)the party to a conveyancing transaction who is entitled to be paid the conveyancing money; or
(b)in the case of a dispute arising from a refusal, by a person requested by a solicitor under rule 17(1) or (2) to countersign a pay-out form or variation pay-out form under the Academy’s Rules relating to the payment of any conveyancing money deposited by the solicitor with the Academy, to countersign that pay-out form or variation pay-out form —
(i)the person;
(ii)the solicitor;
(iii)the client for whom the solicitor was acting when the solicitor made that request; or
(iv)the party to a conveyancing transaction who is entitled to be paid the conveyancing money.
Appointment of adjudicator
3.—(1)  Any party to a relevant dispute may submit the dispute for adjudication under the Scheme.
(2)  An application to submit a dispute for adjudication under the Scheme shall be —
(a)made to the Society in such form and manner as the Society may require; and
(b)accompanied by a deposit of $3,000 for the fees and expenses of the Society and of any adjudicator appointed by the Society to determine the dispute.
(3)  The Society shall appoint an adjudicator to determine a dispute submitted for adjudication under the Scheme upon receiving the application and deposit referred to in sub-paragraph (2).
Procedure for adjudication
4.—(1)  An adjudicator appointed to determine a dispute submitted for adjudication under the Scheme shall —
(a)decide how to conduct the adjudication of the dispute; and
(b)give the parties to the dispute such directions on the conduct of the adjudication as he considers appropriate.
(2)  Without prejudice to the generality of sub-paragraph (1), the adjudicator may —
(a)request, direct or permit any party to the dispute to tender a written statement or response or to make a further or counter argument;
(b)request, direct or permit any party to the dispute to produce any document that is relevant to the dispute;
(c)request, direct or permit the attendance, at the adjudication, of any person whom the adjudicator considers to be able to assist in the determination of the dispute;
(d)meet and question the parties to the dispute and, if any such party is a solicitor, the client for whom that party was acting in the conveyancing transaction out of which the dispute arose;
(e)specify or limit the length or time for submission of any statement, response or argument; and
(f)proceed with the adjudication and make a determination on the dispute, even if any party to the dispute —
(i)does not participate in the adjudication; or
(ii)fails to comply with a request or direction of the adjudicator.
(3)  The parties to the dispute shall comply with any request or direction of the adjudicator in relation to the adjudication.
(4)  The adjudicator shall, as far as possible, ensure that the total time spent on all meetings between the adjudicator and the parties to the dispute (including, if any such party is a solicitor, the client for whom that party was acting in the conveyancing transaction out of which the dispute arose) does not exceed an aggregate of 4 hours.
(5)  Subject to sub-paragraphs (6) and (7), an adjudicator shall determine a dispute submitted for adjudication under the Scheme within 5 days after the date he is appointed under paragraph 3(3) to determine the dispute.
(6)  Where any party to a dispute submitted for adjudication under the Scheme applies to the court, under section 73E(3) of the Act, to determine the dispute at any time before an adjudicator has determined the dispute or made any order referred to in paragraph 5(4) in relation to the dispute —
(a)the adjudication shall be stayed pending the determination of the application by the court;
(b)if the court, upon hearing the application, determines the dispute —
(i)the adjudication shall be terminated; and
(ii)the Society and any adjudicator appointed to determine the dispute shall be entitled to be paid their fees and expenses in accordance with paragraph 10; and
(c)if the court, upon hearing the application, decides not to determine the dispute, the adjudication shall resume.
(7)  The adjudicator may extend the time within which he is required to determine the dispute, if it is appropriate in the circumstances for him to do so.
Duties and powers of adjudicator
5.—(1)  An adjudicator shall be impartial.
(2)  An adjudicator who is appointed to determine a dispute submitted for adjudication under the Scheme shall, when determining the dispute, have regard to the provisions of these Rules.
(3)  An adjudicator who is appointed to determine a dispute submitted for adjudication under the Scheme shall not be bound by the rules of evidence when determining the dispute, but may inform himself on any matter in such manner as he thinks fit.
(4)  An adjudicator who is appointed to determine a dispute submitted for adjudication under the Scheme may —
(a)determine the dispute;
(b)order any party to the dispute to do one or more of the following:
(i)to countersign a pay-out form or variation pay-out form or pay conveyancing money to a specified payee;
(ii)to pay such compensation (including interest for the late completion of a conveyancing transaction) as the adjudicator may determine for any loss caused, by reason of that party’s failure to countersign a pay-out form or variation pay-out form or pay conveyancing money to a specified payee, to any other party to that dispute;
(iii)to pay such costs as the adjudicator may determine to any other party to that dispute; and
(c)if the adjudicator is of the opinion that the dispute is not a relevant dispute, or that any issue raised during the adjudication of the dispute falls outside the purview of the Scheme, do either or both of the following:
(i)determine that the Scheme does not apply to that dispute or issue;
(ii)order the party submitting that dispute or raising that issue to pay such costs as the adjudicator may determine to any other party to that dispute.
Determination or order of adjudicator binding on parties to dispute
6.  Where an adjudicator is appointed to determine a dispute that is submitted for adjudication under the Scheme, the adjudicator’s determination of the dispute, and every order made by the adjudicator in relation to the dispute —
(a)shall be binding on the parties to the dispute, and on any person claiming through or under any such party, unless the determination or order is set aside or varied by the court pursuant to an application made under section 73E(4) of the Act; but
(b)may not be relied on by any other person.
Enforcement of determination or order of adjudicator
7.—(1)  Where an adjudicator has determined a dispute that is submitted for adjudication under the Scheme, the parties to the dispute shall implement the adjudicator’s determination without delay.
(2)  Where, upon determining a relevant dispute submitted for adjudication under the Scheme, an adjudicator has ordered a party to the dispute to countersign a pay-out form or variation pay-out form, and that party fails to do so within such period as the adjudicator may specify —
(a)a Director of the Society who is appointed by the Council for this purpose may countersign the pay-out form or variation pay-out form on behalf of that party; and
(b)the signature of the Director shall have the same effect as the countersigning of the pay-out form or variation pay-out form by that party.
(3)  Where, upon determining a dispute submitted for adjudication under the Scheme, an adjudicator has ordered any party to the dispute to pay any compensation or costs to any other party to the dispute (referred to in this sub-paragraph as the relevant party), any part of the compensation or costs that is not paid to the relevant party may be sued for and recovered by the relevant party as a debt due to the relevant party.
(4)  For the avoidance of doubt, this paragraph does not apply to any determination or order of an adjudicator that is set aside or varied by the court pursuant to an application made under section 73E(4) of the Act.
Time for making application under section 73E(4) of Act
8.—(1)  An application under section 73E(4) of the Act to set aside or vary an adjudicator’s determination or order shall be made within 3 working days after the date of the determination or order.
(2)  For the purposes of sub-paragraph (1), “working day” means any day other than a Saturday, Sunday or public holiday.
Protection from liability
9.—(1)  An adjudicator shall not be liable to be sued for any thing done or omitted to be done by him for the purposes of an adjudication under the Scheme, if —
(a)the thing was done or omitted in good faith; and
(b)the thing done or omission did not involve any fraud or wilful misconduct on his part.
(2)  The Society, the Council and any Director of the Society referred to in paragraph 7(2) shall not be liable to be sued for any thing done or omitted to be done by all or any of them for the purposes of the Scheme, if —
(a)the thing was done or omitted in good faith; and
(b)the thing done or omission did not involve any fraud or wilful misconduct on the part of all or any of them.
Fees and expenses
10.—(1)  The fee payable to the Society for the administration of an adjudication under the Scheme shall be $300, and shall be deducted by the Society from the deposit paid to the Society under paragraph 3(2)(b).
(2)  Subject to sub-paragraph (4), an adjudicator’s fee for work done for the purposes of an adjudication under the Scheme shall be payable at the rate of $800 for each hour spent by the adjudicator on the adjudication.
(3)  Subject to sub-paragraph (4), an adjudicator appointed to determine a dispute submitted for adjudication under the Scheme shall be entitled to be reimbursed a reasonable amount for all expenses (including disbursements for photocopying, telephone calls and facsimile transmissions) reasonably incurred by him for the conduct of the adjudication.
(4)  The total amount payable to an adjudicator for his fee referred to in sub-paragraph (2) and expenses referred to in sub-paragraph (3) shall not exceed $5,000.
(5)  Where an adjudicator has been appointed to determine a dispute submitted for adjudication under the Scheme —
(a)if the total amount of the adjudicator’s fee referred to in sub-paragraph (2) and expenses referred to in sub-paragraph (3) does not exceed $2,700 —
(i)the adjudicator shall deduct that total amount from the deposit paid to the Society under paragraph 3(2)(b); and
(ii)the party submitting that dispute shall be entitled to a refund of any remainder (after the deductions referred to in sub paragraph (i) and sub-paragraph (1)) of that deposit; or
(b)if the total amount of the adjudicator’s fee referred to in sub-paragraph (2) and expenses referred to in sub-paragraph (3) exceeds $2,700 —
(i)the adjudicator shall deduct $2,700 from the deposit paid to the Society under paragraph 3(2)(b) towards the payment of that total amount; and
(ii)the party submitting that dispute shall pay the adjudicator the balance of that total amount.