By Douglas A. Stephenson
Considers every one level during an arbitration intimately, from the claimant's choice to hunt the technique of resolving a dispute to the arbitrator's award, explaining truly and concisely what's anticipated of the claimant, respondent and arbitrator and while.
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Additional resources for Arbitration Practice in Construction Contracts 3rd Edition
One of the objections to that requirement is that it adds a further three months (or one month) to the overall time taken to resolve the dispute; for the likelihood that the engineer’s decision under Clause 66 will be any more acceptable to the aggrieved party than his earlier decision from which the dispute arose is remote indeed. Furthermore, if it is thought that the need to make a formal decision will give warning to the engineer that his actions may lead to arbitration, then removal of the requirement should concentrate the engineer’s mind on the seriousness of the position at an earlier stage in the negotiations.
Again, proceedings in court are likely to be more protracted, and hence more costly, than in arbitration. Economy is not achieved automatically by use of arbitration rather than litigation, but it may be achieved where the parties act sensibly in choosing the form of the proceedings and of their representation. Where one party acts sensibly but the other does not, it is within the power of the arbitrator to award costs accordingly. Expedition It is especially important in construction disputes that unnecessary delay in their resolution should be avoided.
There has been a welcome clarification, in section 19A of the 1950 Act, of the arbitrator’s power to award interest, albeit that it is expressly simple interest. However, the contractual right to compound interest under the fifth edition of the ICE Conditions has also been clarified, in case law, and this has been closely followed by a corresponding amendment incorporated in the sixth edition of that document. The widely criticized decision on the House of Lords in Bremer Vulkan case, that an arbitrator is not empowered to dismiss a claim for want of prosecution, has been the subject of a statutory reversal under the Courts and Legal Services Act 1990.
Arbitration Practice in Construction Contracts 3rd Edition by Douglas A. Stephenson