Article 1. Application of the Rules
- Where Parties have agreed that a dispute between them shall be resolved by pinqAdjudicate, or in accordance with these Rules, these Rules shall apply.
- The Rules, and any time period set by the Rules or an Adjudicator, may not be amended by the Parties.
- Only pinqDR or the Adjudicator may amend any time period set by the Rules or prior order of the Adjudicator (whether before or after the expiry of that time period). If any time period is to be amended by the Adjudicator by more than 48 hours, pinqDR’s prior approval shall be required.
Article 2. Notices
- Any Notice shall be delivered:
- in the case of a Notification of Claim, when it is sent by pinqDR to the email address of the Respondent given by that Party in the relevant pinqDR Agreement, or, if no such email address is given in the pinqDR Agreement, the Respondent’s email address provided by the Claimant in the Claim; and
- in all other cases, when it is posted on the Platform.
Article 3. Commencement of the Adjudication
- An Adjudication shall be commenced when:
- the Claimant has (i) submitted the Claim on the Platform (in the form required by pinqDR); (ii) provided sufficient information to allow identity checks on the Parties to be made; and (iii) paid the Claim Fee; and
- pinqDR has (i) received the Claim and the Claim Fee; (ii) completed appropriate identity checks to pinqDR’s satisfaction; and (iii) delivered the Notification of Claim to the Respondent, with a copy to the Claimant.
- The Claim Value is the maximum amount that may be awarded to the Party paying the relevant Claim Fee, excluding any interest or Costs, unless (i) the Adjudicator allows the Claim Value to be increased and (ii) the Party increasing its Claim Value pays an additional fee calculated as the difference between the revised Claim Fee and the Claim Fee already paid by that Party, plus an administrative charge as set out in the Schedule of Fees.
Adjudication, means an adjudication conducted pursuant to the Rules.
Adjudicator, means the person appointed by pinqDR as adjudicator, and includes any alternate or replacement adjudicator.
Decision, means any decision issued by an Adjudicator.
Challenge Fee, means the fee payable by a Party in respect of a challenge of an Adjudicator’s appointment pursuant to Article 5.4
Claim, means a claim, including all related Documents submitted by the Claimant on the Platform, as required for Commencement.
Claim Fee,means the fee payable by a Claimant for the commencement of a Claim, or the fee payable by a Respondent for the commencement of any Counterclaim.
Claim Value,means the amount claimed by a Claimant in a Claim, which must be stated in British Pounds Sterling (GBP) or US Dollars (USD).
Commencement, means the date of commencement of an Adjudication in accordance with these Rules.
Costs, means the legal and other costs that a Party incurs in relation to the Adjudication and includes Fees paid by that Party.
Counterclaim, means a Claim by the Respondent against the Claimant initiated as a separate Adjudication by the Respondent in accordance with Article 4.2.
Documents, means any record of evidence in any written form, submitted in the Adjudication by a Party of its own initiative or at the direction of the Adjudicator.
Fees, means any fee payable pursuant to the Rules as set out in the Schedule of Fees.
Notice, means any notice given to a Party pursuant to the Rules or any communication posted on the Platform by an Adjudicator or pinqDR in relation to an Adjudication.
Notice of Appointment, means the notification by pinqDR to the Parties of the appointment of an Adjudicator, including any alternative or replacement Adjudicator.
Notification of Claim, means the notification by pinqDR of an Adjudication to a Party.
Party, means a party to the Adjudication.
pinqDR, means pinqDR Limited (and any subsidiary entity) and any person designated by pinqDR to administer any part of an Adjudication or make any decision as may be required pursuant to these Rules (or for any other reason) other than an Adjudicator.
pinqDR Agreement, means any agreement to submit a dispute to the Rules. In the event of a dispute as to whether an agreement is a pinqDR Agreement, it shall first be subject to a provisional decision by pinqDR and subject to a final and binding decision by the Adjudicator in the Adjudication.
Platform, means the pinqDR platform, which can be accessed through www.pinqDR.com, or such other electronic platform as may be designated by pinqDR as the Platform from time to time. Where the context so requires, that shall include the designated secure area on the Platform for communications between the Parties, the Adjudicator and pinqDR.
Procedural Order, means any order by the Adjudicator relating to the procedure or conduct of an Adjudication.
Response, means a response, including all related Documents submitted by the Respondent on the Platform in response to a Claim.
Rules, means these pinqAdjudicate Rules as they may be amended from time to time. For the purpose of the Adjudication, the Rules shall be that version applicable at Commencement.
Schedule of Fees, means the schedule of fees published by pinqDR (as may be amended from time to time) and which is incorporated into the Rules.
Transaction, means any contract, agreement or other arrangement between parties that gives rise to a dispute that is subject to a pinqDR Agreement.
Working Day, means in relation to any Adjudication, any day which is not a weekend, bank or national holiday in England & Wales and the country of domicile of a Party to the Adjudication.
- Singular terms shall have the plural meaning, and plural terms shall have the singular meaning, where the context requires.
- When calculating periods of time, the first day of the time period shall be the day immediately following the day on which the event occurred. An event shall be deemed to have occurred on a particular day if it occurred on or prior to 23.59 GMT. The time given to the event by pinqDR shall be determinative of the time it occurred.
Schedule of Fees
Where Parties have agreed that a dispute shall be resolved by pinqAdjudicate, the fees set out in this Schedule of Fees shall apply. Defined terms in this Schedule shall have the meaning set out in the Rules.
1. Claim Fee
A fixed Claim Fee is charged by pinqDR, covering:
1.1 Case administration by pinqDR. This includes AML checks, appointment of an Adjudicator, necessary manual checks throughout the procedure and general support.
1.2 The Adjudicator’s time and expenses incurred in the Adjudication. Adjudicators do not charge for their time on an hourly basis.
1.3 Full access to the Platform for the duration of the Adjudication.
2. Fee calculation
2.1 The Claim Fee is calculated as a percentage of the Claim Value included by the Claimant in their Claim.
2.2 The administrative charge respect of a change of Claim Value in Article 3.2 is GBP250.
2.3 The minimum Claim Value is GBP5,000 (or equivalent).
2.4 All claims above GBP2,000,000 will attract the minimum percentage of 2.7%.
2.5 Claims where no monetary sum is claimed shall be treated as a GBP2,000,000 Claim when calculating the Claim Fee.
3. Fee Illustration
3.1 This table gives examples of Claim Fees by Claim Value, exclusive of any applicable taxes.
| Claim Value | % Claim Fee | Claim Fee |
| 20,000 | 15.0% | 3,000 |
| 50,000 | 12.6% | 6,300 |
| 100,000 | 10.7% | 10,700 |
| 250,000 | 8.3% | 20,700 |
| 500,000 | 6.4% | 32,100 |
| 1,000,000 | 4.6% | 45,800 |
| 1,500,000 | 3.5% | 52,500 |
| 2,000,000 | 2.7% | 54,700 |
3.2 A fee calculator can be found on the pinqDR website here: www.pinqdr.com/pricing
4. Value Added Tax (VAT)
4.1 Fees may be subject to Value Added Tax or similar taxes at the prevailing rate.
5. Bank details
5.1 pinqDR’s banking details for direct transfer payments are:
| Account name | pinqDR Limited |
| Bank | Barclays Bank PLC (Holborn 2) |
| Sort code | 20-41-50 |
| Account number | 73534758 |
| IBAN | GB36 BUKB 2041 5073 5347 58 |
| SWIFT | BUKBGB22 |