Construction > Arbitration
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Dispute resolution: Mediation - Keeping an open mind
28 May 2010
Mediation has a high success rate, says Jackie Gregory-Stevens, but this depends on parties being fully involved and open to potential solutions. ften defined as facilitated negotiation, it...
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Dispute resolution: US and UK
26 May 2010
A look at some of the differences between the US and UK approaches to dispute resolution, by Duncan MacKenzie-Williams. The US is similar to the European Union in that...
Summary
Arbitration was developed as a speedier, cheaper and less formal alternative to litigation. It is particularly appropriate for dealing with disputes of a technical nature, where the choice of the tribunal can be all-important. Essentially, it is a private-sector alternative to litigation, for the binding resolution of disputes by an independent third party. Arbitration has traditionally been the main method of dispute resolution in the construction industry and for many years has been the preferred method of dispute resolution in most, if not all, of the standard forms of construction contract.
This section is maintained by Richard Mills of Mills & Co. Solicitors.
Resources
- Glossary
- Cases
- Al-Naimi (t/a Buildmaster Construction Services) v Islamic Press Agency Inc
- Bremer Vulkan Schiffbau und Maschinenfabrik v South India Shipping Corp. Ltd
- Calderbank v Calderbank
- Cutts v Head
- Director-General of Fair Trading v Proprietary Association of Great Britain
- Glencot Development and Design Co. Ltd v Ben Barrett & Son (Contractors) Ltd
- Halki Shipping Corporation v Sopex Oils Ltd
- Harbour & General Works Ltd v Environment Agency
- Henry Boot Construction (UK) Ltd v Malmaison Hotel (Manchester) Ltd
- Lafarge Redland Aggregates Ltd v Shephard Hill Civil Engineering Ltd
- Miller Construction Ltd v James Moore Earthmoving
- R Durtnell & Sons v Secretary of State for Trade and Industry
- RC Pillar & Sons v Mr & Mrs Edwards
- Rush & Tomkins Ltd v Greater London Council and Another
- T Beaufort Developments (NI) Ltd v Gilbert Ash NI Ltd and Others
- Weldon Plant Ltd v Commission for the New Towns
- Features
- Forms
- Legislation
- RICS practice standards
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Worksmart tools
- Contract Administrator
- ProForms
- Survey Writer
- Choice of dispute resolution process
- Mandatory and non-mandatory provisions
- Appointment of an arbitrator
- Removal of an arbitrator
- Immunity of the arbitrator
- Duties of the arbitrator
- Powers of the arbitrator
- Intervention by the court
- The award
- Costs
- Appeal
- Enforcement
- Key cases
- Key legal issues
- Further information on arbitration