Document downloads - Arbitration
Available downloads
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Arbitration Calderbank letter
A sample template Calderbank letter, for an offer to settle a matter of arbitration. Calderbank offers and offers made under Part 36 of the Civil Procedure Rules, are offers made to settle a dispute, usually the amount of the rent, on a without prejudice basis, except that the existence of the offer to settle may be brought to the attention of an arbitrator, an independent expert or a court if he or she has discretion when it comes to determining the matter of costs.
IMPORTANT: Calderbank offers are binding offers to settle. You should ensure you have the appropriate authorisations and/or consents from your client and any other appropriate parties before such offers are made. -
Arbitration standard agenda
A standard agenda for directions for a preliminary arbitration meeting, with spaces for comments.
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Surveyors acting as arbitrators and as independent experts in commercial property rent reviews (ARCHIVE)
This document has been archived and is available on isurv for information purposes only.
See the latest editions:
- Surveyors acting as arbitrators in commercial property rent reviews, 9th edition (2013).
- Surveyors acting as independent experts in commercial property rent reviews, 9th edition (2014). -
Surveyors acting as arbitrators in construction disputes
Published April 2017
Effective from 3 July 2017
Reissued April 2023
This professional standard applies to RICS members appointed to act as arbitrators in disputes relating to construction works. It should also be of assistance to parties involved in arbitration, and those acting for them, by making them aware of the procedures that may be followed.
It includes:
- the fundamentals of arbitration and the powers and duties of an arbitrator
- the agreement and commencement of proceedings
- appointment of the arbitrator
- setting procedure
- the interlocutory period
- the hearing and award
- termination/post award.
This document was reissued in April 2023 as a professional standard. It had previously been published in April 2017 as a guidance note. No material changes have been made to the document. -
Surveyors acting as adjudicators in the construction industry
Published January 2017
Effective from January 2017
Reissued April 2023
This professional standard applies to RICS members who are either nominated by RICS or another adjudicator nominating body (ANB), or appointed directly by the parties, to adjudicate disputes relating to works carried out under a construction contract and works carried out under a contract to which the Construction Act does not apply, but under which the parties have agreed a contractual mechanism to enable them to adjudicate disputes.
It is also intended to assist the parties and those acting for them by making them aware of the procedures likely to be followed in an adjudication.
It includes:
- a general introduction
- appointment and acceptance
- nomination by RICS
- appointment by the parties
- objections to nomination/appointment
- powers and duties of the adjudicator
- establishing the procedure
- evidence
- other procedural matters
- the adjudicator's decision.
This document was reissued in April 2023 as a professional standard. It had previously been published in January 2017 as a guidance note. No material changes have been made to the document.
Surveyors acting as adjudicators in the construction industry when Scot Law applies:
Published April 2018
Effective from April 2018
Reissued October 2023 -
Arbitration directions
Sample template of an order for directions for rent review arbitration.
It is helpful if, prior to a preliminary arbitration meeting, the third party sends to both parties suggested draft directions. This will allow the parties to be better prepared for discussions at the preliminary meeting and will give them the opportunity to have agreed as much as possible between themselves before the meeting. -
Conflicts of interest for members acting as dispute resolvers (UK)
Published November 2020
Effective from 1 February 2021
Reissued October 2022
This professional standard covers the appointment of surveyors as arbitrators, independent experts, mediators, adjudicators, and other dispute resolvers.
Surveyors may be appointed as dispute resolvers either by private agreement between the parties in dispute, or via RICS or other formal appointing parties, such as the Law Society or the Chartered Institute of Arbitrators (CIArb).
The aim of this second edition professional standard is to provide advice on dealing with possible conflicts of interest for surveyors who are appointed to resolve disputes. It also helps all parties involved in a dispute to understand the main principles and considerations, and to be aware of when an involvement may develop into a conflict of interest.
This document was reissued in October 2022 as a professional standard. It had previously been published in November 2020 as a guidance note. The regulatory requirements remain the same and no material changes have been made to the document. -
Surveyors acting as arbitrators in commercial property rent reviews in Scotland
Published August 2014
Effective from August 2014
Reissued February 2024
This professional standard is designed primarily to assist those who are appointed to act as arbitrator, either by the Chairman of RICS Scotland, or directly by the parties to a dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
This professional standard is based on the law and practice relating to arbitrations in Scotland, which are governed by the Arbitration (Scotland) Act 2010.
See also: Surveyors acting as independent experts in commercial property rent reviews in Scotland.
This document was reissued in February 2024 as a professional standard. It had previously been published in August 2014 as a guidance note. No material changes have been made to the document. -
Surveyors acting as arbitrators in commercial property rent reviews
Published April 2013
Effective from April 2013
Reissued December 2023
This professional standard is designed primarily to assist those who are appointed to act as arbitrator, either by the President of RICS, or directly by the parties to a dispute. It is also intended to assist the parties themselves and those acting for them by making them aware of the procedures likely to be followed.
See also: Surveyors acting as independent experts in commercial property rent reviews, 9th edition (2014).
This document was reissued in December 2023 as a professional standard. It had previously been published in April 2013 as a guidance note. No material changes have been made to the document. -
Rural arbitration
Published May 2017
Effective from 1 December 2017
Reissued April 2024
This professional standard is designed to assist rural chartered surveyors who are appointed to act in arbitrations dealing with rural assets and property, whether as advocates, experts or the arbitrator.
This document was reissued in April 2024 as a professional standard. It had previously been published in May 2017 as a guidance note. No material changes have been made to the document.