JCT/CIMAR2005.

1 Published Septemb er 2011 by Sweet & Maxwell, 100 Avenue Road, LondonNW33 PFpart of Thomson Reuters (Professional) UKLimited(Registered in Englandand Wales, Company Office and address for service:Aldgate House, 33 Aldgate High Street,London EC3N 1DL)This document hasbeen republishedas part of the 2011 suite;it co ntainsno textual changes toJCT/CIMAR rightsreserved. No part of this publication may bereproduced, stored in a retrieval system,ortransmitted,in any form or by any means,elec tronic,mechanical,photocopying, recording orotherwise, except inaccordance with the provisions ofthe Copyright,Designs andPatentsAct1988, without the prior written permission ofthe can be noimplicationof any acceptance of any responsibility whatsoever by theSocietyofConstruction Arbitrators or The JointContracts TribunalLimi ted, its officers, members.

2 Servantsoragents orany otherbody orperson involvedin th e drafting of these Rules, their servants or agentsfor the consequences of the use ormisuse of these Rules nor forany lossocca sioned by anyperson, firm or companyacting or refraining fromacting as a result of anything contained withinthese , Appendices, Notes: Societyof ConstructionArbitrators 1998 Registeredat Stationers HallJCT Supplementary andAdvisory Procedures: The Joint Contracts Tribunal Limited TheJointContractsTribunalLimited2011 JCT/CIMAR 2011 Page iContentsRulesPage 1 Appendix I: Definition of Terms12 Appendix II.

3 Sections of the ArbitrationAct 1996 referredto13within thebodyof the Rules but not reproduced thereinJCT Supplementary and Advisory Procedures15 Notes issuedbythe Societyof Construction Arbitrators19 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 1 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 2 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 3 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 4 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 5 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 6 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 7 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 8 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 9

4 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 10 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 11 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 12 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 13 Society of Construction Arbitrators 1998 Registered at Stationers HallJCT/CIMAR 2011 Page 14 The Joint Contracts Tribunal Limited 2011 JCT/CIMAR 2011 Page 15 JCT Supplementary and Advisory Procedures Procedures in Part A are mandatory.

5 They are incorporated into and form part of the JCT 2011 edition of the Construction Industry Model Arbitration Rules (CIMAR) . From 2011, where an arbitration provision is included in a JCT contract it provides for it to be conducted in accordance with the 2011 edition of the Rules. Procedures in Part B are advisory and do not apply unless expressly agreed between the Parties after arbitral proceedings between them have begun. These procedures provide for the imposition of stricter timescales than those prescribed by some arbitration rules or those frequently observed in practice, these stricter timescales to apply unless other periods are ordered at the preliminary meeting (see Rule 6).

6 Part B also contains detailed procedures to be followed in the event that the prescribed or ordered timescales are not observed. Part A: Mandatory Procedures Procedures under Rule 6 Under Rule .1 Rule shall be complied with by each party within 14 days of the date on which the arbitrator s acceptance of the appointment is notified to the parties. Under Rule .1 The procedural meeting referred to in Rule shall be convened by the arbitrator within 21 days of the date on which the arbitrator s acceptance of the appointment is notified to the parties unless prior to the expiry of that period it has been decided in accordance with Rule that such a meeting is unnecessary in which case the matters referred to in Rules and shall be directed by the arbitrator having regard to any written representations on behalf of the parties submitted in accordance with a timetable directed by

7 The arbitrator..2 Unless the parties have agreed which of Rules 7,8 or 9 is to apply, Rule 8 shall apply unless the arbitrator (having regard to Rules , and , the material submitted under Rule and any other representations on behalf of the parties) directs that Rule 9 shall apply. Part B: Advisory Procedures Procedures issued under Rule relating to Rule 7 (short hearing) Rule .1 Unless otherwise directed by the arbitrator under Rule , each party shall submit the written statements of case referred to in Rule to the other party and to the arbitrator not later than 7 days before the date of the hearing referred to in Rule Rule.

8 1 The hearing referred to in Rule shall be held within 21 days of the date on which Rule 7 becomes applicable at such place and such time as the arbitrator directs under Rule 6 unless delayed for reasons beyond the reasonable control of the arbitrator or of the parties. No evidence other than that provided in accordance with Rules and may be adduced by the parties at or subsequent to the hearing unless otherwise directed or allowed by the arbitrator. The Joint Contracts Tribunal Limited 2011 JCT/CIMAR 2011 Page 16 Rule.

9 1 The substance of any expert evidence to be adduced under Rule must be submitted in writing along with the written statements of case referred to in Rule Rule .1 The last of the steps referred to in Rule shall be the date on which the hearing is concluded. Procedures issued under Rule relating to Rule 8 (documents only) Rules and .1 Unless otherwise directed by the arbitrator under Rule , the written statements of case referred to in Rule and the statements of reply referred to in Rule shall be submitted to the other party and the arbitrator in accordance with the following timetable.

10 (a) The Claimant shall submit his statement of case within 21 days after the date on which Rule 8 becomes applicable. (b) The Respondent shall submit his statement of case within 28 days after submission of the Claimant s statement of case. (c) The Claimant may submit a statement in reply within 14 days after submission of the Respondent s statement of case limited to matters raised in the Respondent s statement of case and shall do so where the Respondent by his statement of case claims from the Claimant any remedy (including but not limited to a claim for money).