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ADJUDICATION AGREEMENT
(FOR DOCUMENTS ONLY ADJUDICATION)

IT IS AGREED as follows:

  1. Submission
     
    1. The Parties agree and consent that the Disputes arising out of or in connection with this Dispute and related matters shall be submitted to FIDReC for Adjudication.
       
    2. The Parties agree to abide by any settlement and to effect the terms thereof (as set out in any Settlement Agreement) reached through the Adjudication.
       
  2. Terms And Process Of Adjudication
     
    1. The Parties agree to abide in full by the agreed Adjudication Procedure (a copy of which is annexed to this Adjudication Agreement). Among other things, the terms and process of Adjudication, and the administrative fees chargeable for the Adjudication service, shall be governed by the Adjudication Procedure.
       
    2. In particular, as approved by the Adjudicator, the Parties agree that the Adjudication shall be by way of documents (including written submissions, replies and clarifications if any) (‘Documents’) only. Upon the full submission of the Documents or at such time as the Adjudicator shall determine, the Adjudication hearing shall be deemed conducted and there shall be no further hearing. The Adjudicator(s) shall decide this Dispute solely based on the Documents.
       
  3. Consent To Disclosure
     
    1. Where the FI is a bank, the Complainant expressly consents and duly authorises the FI to disclose to the Adjudicator (or the Panel as the case may be) and / or FIDReC and / or their officers, employees and / or representatives, all and any customer information (as so defined in the Banking Act, Cap 19, Singapore Statutes, (the "Act")) in relation to their account(s) and/ or affairs as are or may be relevant to the Dispute(s) and such consent and disclosure shall discharge the FI of its / their banking secrecy and confidentiality obligations under the aforesaid Act and / or any contract with the Complainant.
       
    2. In addition, the parties to this Agreement consent and agree that in the course of the adjudication process, all and any information (including customer information) and/or confidential information may be disclosed to the other parties to this Agreement (including but not limited to their representatives, agents, witnesses and/or the Complainant’s nominee) and such consent and disclosure shall discharge the FI(s) of its / their banking secrecy and confidentiality obligations under the aforesaid Act, any law and / or any contract with the Complainant(s).
       
  4. Waiver Of Liability
     
    1. In consideration of FIDReC and the Adjudicator(s) providing the Adjudication services sought by the Parties, the Eligible Complainant and / or the FI and or any Representative of the FI shall not make any claim whatsoever against FIDReC, its officers, employees  representatives, or Adjudicators, including but not limited to any claim for any matter in connection with or in relation to:
       
      1. any and all services provided by FIDReC (or any of its officers, employees and representatives);
         
      2. any process, mediation, Adjudication and/or investigation conducted by FIDReC;
         
      3. the Dispute lodged by the Eligible Complainant;
         
      4. the claim made by the Eligible Complainant;
         
      5. any settlement entered into between the Eligible Complainant and the FI and / or any Representative of the FI;
         
      6. any settlement agreement executed by the Eligible Complainant and the FI and / or any Representative of the FI;
         
      7. any act done in order to comply with such legal, regulatory or administrative requirement imposed by the MAS or any other Government agency; and / or
         
      8. any act done in compliance with any provision of any written law of Singapore, rule of law or order of court.
         
    2. The Eligible Complainant and / or the FI hereby expressly acknowledges and agrees that  any claim or claims made in contravention of this Rule constitutes a loss which cannot be reasonably or adequately compensated in damages. The Eligible Complainant and / or the FI expressly agrees that in event of any such claim and or breach and or contravention, FIDReC or its officers, employees, agents and or representatives and or the Adjudicators shall be entitled to the remedy of injunction in addition to any other remedy available at law or in equity. FIDReC or its officers, employees, agents and or representatives and or the Adjudicators shall also be entitled to recovery of legal costs on a full indemnity basis from the Eligible Complainant and / or the FI and / or its Representatives or such other defaulting parties who have acted in breach of this Rule.
       
  5. Interpretation And General Provisions
     
    1. The interpretation of any provision in this Adjudication Agreement shall be made solely by FIDReC, and when so made, shall be final and conclusive.
       
    2. The Adjudication Agreement and the annexed Adjudication Procedure contains and represents the entire agreement between the parties, and may be modified or amended only by an instrument in writing duly executed by the parties.
       
    3. In the event that any term and / or provision of the Adjudication Agreement or the annexed Adjudication Procedure should be held void, voidable or unenforceable, the remaining portion(s) of such term and / or provision and the remaining other terms and provisions of the Adjudication Agreement and the annexed Adjudication Procedure shall remain in full force and effect and shall continue to be binding on the parties.
       
    4. The Adjudication Agreement and the annexed Adjudication Procedure shall be governed by and construed in accordance with the laws of Singapore.
       
    5. The Adjudication Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which taken together shall constitute a single instrument.
       
    6. Each party acknowledges and confirms that the preparation of the Adjudication Agreement has been a joint effort on the part of all parties, and it shall be construed fairly in accordance with its terms and shall not be construed against any particular party

 

ADJUDICATION PROCEDURE
(FOR DOCUMENTS ONLY ADJUDICATION)

 

  1. Preliminary
     
    1. This Adjudication Procedure (‘Adjudication Procedure’) must be observed and complied with by the Eligible Complainants and the FI.
       
    2. In cases where the FI is not an individual, the FI shall appoint a representative(s) to act for it.
       
    3. For the avoidance of doubt, all definitions of terms as contained in the FIDReC Terms of Reference shall apply to all such similar terms as used in this Adjudication Procedure.
       
  2. The Adjudication Process
     
    1. The Adjudication process conducted by FIDReC is to be governed by this Adjudication Procedure.
       
    2. Where the Dispute is not resolved after the mediation process conducted by the Case Manager, the Eligible Complainant may choose to refer his Dispute to FIDReC for Adjudication.
       
    3. The Adjudication shall be carried out by a FIDReC Adjudicator or, at FIDReC’s discretion, by a Panel of Adjudicators (‘the Panel’). For the avoidance of doubt, each member of the Panel is an Adjudicator, and collectively, the members of the Panel are referred to as the ‘Adjudicators’ or ‘Panel’.
       
    4. The Adjudication process shall involve the Adjudicator (or the Panel as the case may be) and the parties (ie the Eligible Complainant and the FI). The FI shall be represented by a duly authorised officer.
       
    5. The Adjudication shall be by way of documents (including written submissions, replies and clarifications if any) ("Documents") only. Upon the full submission of the Documents or at such time as the Adjudicator shall determine, the Adjudication hearing shall be deemed conducted and there shall be no further hearing.  The Adjudicator(s) shall decide this Dispute solely based on the Documents.
       
    6. The Adjudication process shall be conducted in the English language.
       
    7. The Adjudication shall be conducted in strict confidence, and, subject to the provisions herein, all communications shall be on a ‘without prejudice’ basis.
       
  3. The Adjudication Agreement
     
    1. Before the Adjudication is carried out, the parties shall enter into an Adjudication Agreement.
       
    2. Subject to Clause 5.3 below, the Adjudicator or the Panel, as the case may be, shall determine the steps to be taken and / or the procedure to be adopted during the Adjudication Proceedings. As far as possible, the Adjudication Proceedings would be conducted in a way most expedient and convenient to the parties. Any issue as to procedure would be determined solely by the Adjudicator or the Panel, as the case may be.
       
    3. The parties shall be deemed, upon signing the Adjudication Agreement, to have accepted, and shall be bound by the terms of, this Adjudication Procedure.
       
    4. For the avoidance of any doubt, the adjudication by FIDReC shall proceed and the FI shall be strictly bound by FIDReC’s Terms of Reference, all the terms of the Adjudication Procedure and Adjudication Agreement and the decision of the Adjudicator(s) (where it is accepted by the Complainant) even where the FI does not participate or stops participating in the Adjudication process.
       
  4. The Adjudicator Or Panel
     
    1. Upon the parties' entry into the Adjudication Agreement, FIDReC will appoint the Adjudicator or the Panel for the Dispute.
       
    2. FIDReC shall, in its discretion, appoint such number of Adjudicators as it deems necessary to ensure sufficient expertise in resolving a Dispute, but subject only to a maximum of three Adjudicators at any particular time. FIDReC must notify all parties to the Dispute within 15 days of the appointment of the Adjudicator or panel of Adjudicators, as the case may be.
       
    3. FIDReC, in the selection of the Adjudicator or the Panel, will choose a person or persons who, in its view, will be best placed to serve as the Adjudicator or as members of the Panel, as the case may be. In the event that any of the parties has valid reasons to object to a choice, FIDReC will appoint another person in his stead.
       
    4. A person selected as an Adjudicator or as a member of the Panel shall disclose any circumstances, which in his opinion, is likely to create an impression of bias or prevent him from acting promptly or properly. FIDReC, upon receipt of such disclosure, will appoint another person as an Adjudicator, unless the parties decide otherwise.
       
    5. Where a Panel of three Adjudicators is appointed, the three Adjudicators shall choose, amongst themselves, a Chairman of the Panel. Each Adjudicator on the Panel has one vote. A decision is made by simple majority.
       
    6. The Adjudicator will:
       
      1. prepare himself appropriately before the commencement of Adjudication; and
         
      2. abide by the terms of the Adjudication Agreement and the Code of Conduct (as set out in Appendix C to this Annex 4).
         
    7. The Adjudicator (or where applicable, any member of his firm or company) should not act for any of the parties at any time in connection with the subject matter of the Adjudication.
       
    8. The Adjudicator and the members of the Panel and FIDReC are not agents of, or acting in any capacity for, any of the parties.
       
    9. The Adjudicator and the members of the Panel are not agents of FIDReC.
       
  5. The Adjudication
     
    1. FIDReC will make the necessary arrangements for the Adjudication, including:
       
      1. appointing the Adjudicator or the members of the Panel as provided in Clause 4 above; and
         
      2. providing general administrative support
         
    2. All parties shall comply fully with the following procedure for documents only adjudication:
       
      1. For non-motor claims
         
        1. The Eligible Complainant and the FI shall complete and return the Pre-Adjudication Form, as for the time being prepared by FIDReC, to FIDReC within the stipulated time together with all written submissions as well as relevant documents relied on by the parties.
           
        2. The Pre-Adjudication Forms, written submissions and documents submitted by the parties shall be exchanged between the parties.
           
        3. A party may reply once to the other party’s submissions. Any reply shall be given to FIDReC and the other party.
           
        4. No further reply shall be allowed unless approved by the Adjudicator.
           
        5. Any party wanting to raise a preliminary matter must do so within the stipulated time referred to in Clause 5.2(I)(i) above. Examples of preliminary matters include an argument on FIDReC’s jurisdiction to adjudicate on the Dispute and / or an argument on the Adjudication process adopted by the Adjudicator.
           
        6. Any preliminary matters raised by parties would be determined by the Adjudicator. The decision of the Adjudicator shall be final and conclusive.
           
        7. Save where the relevant document is signed at FIDReC's office before an officer from FIDReC, all the aforementioned documents shall be signed in the presence of and attested by a Notary Public or a person having the authority to administer oaths in the country of signing.
           
        8. Upon the full submission of the aforementioned documents and, where applicable, any further documents or clarifications as the Adjudicator may direct, or at such time as the Adjudicator shall determine, the Adjudication hearing shall be deemed conducted and there shall be no further hearing. The Adjudicator(s) shall decide this Dispute solely based on the documents received.
           
      2. For motor claims
         
        1. The Eligible Complainant and the FI shall complete and return the Pre-Adjudication Form, as for the time being prepared by FIDReC, to FIDReC within the stipulated time together with all written submissions as well as relevant documents relied on by the parties.
           
        2. The FI shall provide FIDReC with the Statement of Defence to motor claim within the stipulated time together with all relevant documents.
           
        3. The dispute resolution form ('DRF') and the Pre-Adjudication Form completed and lodged by the Eligible Complainant and the Statement of Defence to motor claim provided by the FI shall be exchanged between the parties together with written submissions and all relevant documents (“the First Exchange”).
           
        4. Within two (2) weeks after the First Exchange or such other period as may be stipulated by FIDReC, the parties shall lodge with FIDReC and exchange the following (the "Second Exchange"):
           
          1. Names of the Representatives of the FI, nominees (if any) of the Eligible Complainant and/or witnesses of the parties;
             
          2. Further arguments (if any); and
             
          3. Additional supporting documents which parties intend to rely on (if any).
             
        5. Any party wanting to raise a preliminary matter must do so within the stipulated time referred to in Clause 5.2(II)(i) above. Examples of preliminary matters include an argument on FIDReC’s jurisdiction to adjudicate on the Dispute and / or an argument on the Adjudication process adopted by the Adjudicator.
           
        6. Any preliminary matters raised by parties would be determined by the Adjudicator. The decision of the Adjudicator shall be final and conclusive.
           
        7. Save where the relevant document is signed at FIDReC's office before an officer from FIDReC, all the aforementioned documents shall be signed in the presence of and attested by a Notary Public or a person having the authority to administer oaths in the country of signing.
           
        8. Upon the full submission of the aforementioned documents and, where applicable, any further documents or clarifications as the Adjudicator may direct, or at such time as the Adjudicator shall determine, the Adjudication hearing shall be deemed conducted and there shall be no further hearing. The Adjudicator(s) shall decide this Dispute solely based on the documents received.
           
    3. In the event that the FI and/or Complainant fails to comply with the procedure set out in Clause 5.2 and/or any extension(s) of time granted by the Adjudicator for compliance, the Adjudicator may assume that the FI and/or Complainant does not intend to fulfil its obligation(s) under that relevant part of the procedure and shall be entitled to take this into account in making his determination and/or award.
       
    4. The Adjudication will be conducted in strict confidence, and no transcript or formal record will be made.
       
    5. All documents submitted, lodged and/or exchanged by parties, communications made in the Adjudication, including information disclosed and views expressed, are strictly confidential, and made on a strictly ‘without prejudice’ basis. They shall not be used in any proceedings, legal or otherwise (unless such communications are in any event admissible in such proceedings).

 

  1. The Determination / Award
     
    1. The Adjudicator or the Panel shall accept the written evidence submitted by parties, and shall give all evidence due weight and consideration. He / They may also accept any other form of evidence it deems appropriate, including taped or video evidence.
       
    2. The Adjudicator or the Panel may:
       
      1. seek any written clarification he / they deems necessary from either the Eligible Complainant or the FI;
         
      2. direct relevant evidence and / or documents be furnished by the parties; and
         
      3. make such other directions as may be necessary to adjudicate the Dispute.
         
    3. The FI shall be strictly bound by all determinations and awards of the Adjudicator.
       
    4. The Adjudicator or the Panel shall try to reach a decision as soon as practicable. Decisions of the Adjudicator or the Panel do not create any binding precedents.
       
    5. Where the Adjudicator or the Panel has reached a decision, he / they shall write and sign the Grounds of Decision. FIDReC will give the Complainant and the FI a copy of the Grounds of Decision.                                                                                                           
    6. A copy of the signed Grounds of Decision shall be kept in the Adjudication file. 
       
    7. The decision of the Adjudicator or the Panel is final and binding on the FI.
       
    8. Where the Adjudicator or the Panel makes a determination and / or award with respect to the Dispute, the Eligible Complainant is free to choose whether to accept the determination and / or award.
       
    9. Where the Eligible Complainant accepts the determination and / or award, the FI is bound by such determination and / or award, and the parties shall enter into a written Settlement Agreement in accordance with the said determination and / or award.

      The written Settlement Agreement shall be approved by the Adjudicator or the Panel. The settlement agreement is then circulated to the Eligible Complainant and the FI for their execution. In the event of any Dispute as to the terms of the settlement agreement, the Adjudicator’s or the Panel’s decision shall be final and conclusive.

      Before executing the Settlement Agreement, the Eligible Complainant and the FI may obtain their own professional / legal advice at their own costs.

       
    10. Where the Eligible Complainant does not accept the determination and / or award, there is no settlement of the Dispute, and both parties are free to pursue their rights (whether through the legal process, arbitration, adjudication or neutral evaluation).
       
    11. For the avoidance of doubt and without prejudice to the generality of Clause 3.4, any determination and / or award by the Adjudicator or the panel of Adjudicators shall be binding on the FI, whether or not the FI has executed the Settlement Agreement.
       
  1. Settlement Agreement
     
    1. No settlement will be binding on the Eligible Complainant until it has been reduced to writing and signed by the Eligible Complainant.  If the settlement agreement is not signed at FIDReC's office before an officer from FIDReC, it must be signed in the presence of and attested by a Notary Public or a person having the authority to administer oaths in the country of signing.
       
    2. A settlement that has been reduced to writing may take the form of an electronic record. Where a settlement reduced to writing takes the form of an electronic record, it may be signed by applying electronic signatures.
       
  1. Termination
     
    1. The Eligible Complainant may withdraw from the Adjudication at any time by giving notice of withdrawal in writing to the Adjudicator or the Panel and the FI.
       
    2. The Adjudication will terminate when:
      1. the Eligible Complainant withdraws from the Adjudication;
         
      2. the Adjudicator or Panel makes a determination and / or award with respect of the Dispute and / or a written Settlement Agreement is concluded; or
         
      3. the Adjudicator or any member of the Panel decides that he should withdraw from the Adjudication for any of the reasons stated in the Code of Conduct, but such termination to be without prejudice to FIDReC appointing another Adjudicator or member of the Panel and scheduling another Adjudication hearing and / or the Eligible Complainant’s right to restart a fresh claim.
         
  1. Stay Of Proceedings
     
    1. Unless the parties otherwise agree, the Adjudication will not prevent the commencement of any suit or arbitration; nor will it act as a stay of such proceedings.
       
  1. Confidentiality
     
    1. The Eligible Complainant and the FI shall keep all information, documents, correspondence (including emails), issues or matters discussed, proposals and counterproposals, Grounds of Decision, adjudication awards etc, wholly and strictly confidential; and shall not disclose or divulge the same (whether expressly or impliedly) to any third party, save as shall be required under any written law or rule of law, an order of court, or administrative requirement imposed by MAS, or as necessary to implement and enforce any Settlement Agreement or Adjudication award.
    2. Save as shall be required under any written law or rule of law, an order of court, or administrative requirement imposed by MAS, or as necessary to implement and enforce any Settlement Agreement or Adjudication award, all persons involved in the mediation and / or adjudication process shall keep confidential and not use for any collateral or ulterior purpose in any other proceeding:
       
      1. the fact that any mediation and / or Adjudication process is to take place, is in progress or has taken place;
         
      2. the matters that transpired in the course of the mediation and or Adjudication process;
         
      3. any views expressed, or suggestions or proposals for settlement made by any party for the resolution of their Dispute in the course of the mediation or Adjudication process;
         
      4. proposals suggested by the Case Manager and / or Adjudicator(s);
         
      5. all materials made available and communication made during the mediation and / or Adjudication process;
         
      6. where the Eligible Complainant does not accept the determination and / or award of the Adjudicator or the Panel, the fact that the Adjudicator or Panel has made the determination and / or award, and / or the substance and / or terms of the determination and / or award, and / or that the Eligible Complainant did not accept the determination and / or award; and / or
         
      7. all materials, information, documents (including written submissions, replies or clarifications if any) correspondence (including emails), issues / matters discussed, proposals and counterproposals produced for or arising in relation to the mediation and or Adjudication process, including but not limited to the Grounds of Decision or any Settlement Agreement (and the substance and / or terms thereof) except as directly necessary to implement and enforce any such Settlement Agreement.                                                                            
    3. Parties shall ensure that the address(es), email address(es), telephone number(s) and other contact details (if any) provided by parties to FIDReC are kept private and secure.
       
    4. Save as shall be required under any written law, rule of law, or an order of court, all materials made available, documents or other information produced for or arising in relation to the mediation and / or Adjudication process shall be privileged and shall not be admissible as evidence or discoverable in any proceedings connected with the Dispute, unless such documents would have in any event been admissible or discoverable in such proceedings.                                                                                                                                                                                                                                                                                                                                                                                                                                                    
    5. The parties shall not call the Adjudicator or any member of the Panel or FIDReC (or any of its employee, officer or representative) as a witness, consultant, arbitrator or expert in any proceedings relating to the Dispute.
       
    6. The Complainant’s and the FI’s obligation of confidentiality is not affected, and would continue with full force and effect after the conclusion or termination of FIDReC’s mediation and / or Adjudication processes.
       
    7. The FI shall ensure that all its officers, representatives and / or agents comply with Clause 10.
       
    8. The parties hereby expressly acknowledge and agree that any breach and / or contravention of this Clause 10 of this Adjudication Procedure constitutes a loss which cannot be reasonably or adequately compensated in damages. The parties expressly agree that in event of any such breach and / or contravention, FIDReC and / or the innocent party (or parties) shall be entitled to the remedy of injunction (in addition to any other remedy available at law or in equity).

      FIDReC and / or the innocent party (or parties) shall also be entitled to recovery of legal costs (on a full indemnity basis) from the defaulting party (or parties). Additionally, FIDReC reserves the right at its full discretion, to discontinue the mediation / Adjudication process with immediate effect.

       
  2. Waiver Of Liability
     
    1. The Adjudicator (or members of the Panel as the case may be) shall not be liable to the parties for any act or omission in connection with the services provided by him / them in or in relation to the Adjudication, unless the act or omission is fraudulent.
       
    2. FIDReC and / or any of its employee, officer or representative, do not at any time whatsoever (and / or in any capacity howsoever) give, offer or render legal advice, or express any opinion (whether professional or personal) on any legal position.
       
    3. FIDReC (or any of its employee, officer or representative) will not be liable to the parties for any act or omission whatsoever in connection with the services provided by it or in relation to the Adjudication.
       
    4. The Eligible Complainant and / or the FI and / or any Representative of the FI shall not make any claim whatsoever against the Adjudicator, or any member of the Panel and / or FIDReC, its officers, employees and representatives including but not limited to any claim for any matter in connection with or in relation to:
       
      1. any and all services provided by FIDReC (or any of its officers, employees and representatives);
         
      2. any process, mediation, Adjudication and/or investigation conducted by FIDReC;
         
      3. the Dispute lodged by the Eligible Complainant;
         
      4. the claim made by the Eligible Complainant;
         
      5. any settlement entered into between the Eligible Complainant and the FI and / or any Representative of the FI;
         
      6. any Settlement Agreement executed by the Eligible Complainant and the FI and / or any Representative of the FI;
         
      7. Any act done in order to comply with such legal, regulatory or administrative requirement imposed by the MAS or any other Government agency; and / or
         
      8. any act done in compliance with any provision of any written law of Singapore, rule of law or order of court.
         
    5. The FI shall ensure that all its officers, representatives and / or agents comply with this Clause 11.
       
    6. The Eligible Complainant and / or the FI hereby expressly acknowledges and agrees that any claim or claims made in contravention of this Rule constitutes a loss which cannot be reasonably or adequately compensated in damages. The Eligible Complainant and / or the  FI expressly agrees that in event of any such claim and or breach and or contravention, FIDReC or its officers, employees, agents and or representatives and or the Adjudicators shall be entitled to the remedy of injunction in addition to any other remedy available at law or in equity. FIDReC or its officers, employees, agents and or representatives and or the Adjudicators shall also be entitled to recovery of legal costs on a full indemnity basis from the Eligible Complainant and / or the FI and / or its Representatives or such other defaulting parties who have acted in breach of this Rule.
       
  3. Indemnity
     
    1. Where a claim is brought against FIDReC and or any of its employees, officers, agents or representatives or the Adjudicators by any Representative of the FI, the FI shall provide FIDReC and or any of its employees, officers, agents or representatives or the Adjudicators with a full indemnity against any loss that FIDReC and or any of its employees, officers, agents or representatives or the Adjudicators may suffer as a consequence of such a claim, including a reimbursement of all costs incurred in defending against such a claim.
       
  4. Not Legal Advice
     
    1. FIDReC and / or any of its employees, officers, agents or representatives should not be construed at any time whatsoever or in any capacity as having given, offered or rendered legal advice, whether professional or personal, on any legal position as to the rights of the Eligible Complainant, the FI or any Representative of the FI.
       
    2. The FI shall ensure that all its officers, representatives and / or agents comply with this Clause 13.
       
  5. Fees
     
    1. The applicable fees payable by parties shall be in accordance to Clause 6 of the Funding Rules (as set out in Annex 1 of FIDReC's Terms of Reference).
       
    2. Each party will bear its own costs, expenses and disbursements of its participation and the fees of its advisers, if any, in the Adjudication.