By Douglas A. Stephenson
Considers each one level during an arbitration intimately, from the claimant's selection to hunt the technique of resolving a dispute to the arbitrator's award, explaining in actual fact 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
These wholly welcome developments have helped to enhance the reputation of arbitration as a just, expeditious and economical means of dispute resolution. They have also emphasized the need for a further edition of this book which has I believe achieved a modest degree of success in promoting efficient arbitration procedures, and will I hope continue to do so. In 1986 the Rt Hon. Lord Goff of Chieveley, having completed his meteoric rise from the High Court to the House of Lords (during which I suspect he overtook many cases that were making the same ascent) became President of the Chartered Institute of Arbitrators.
While it is recognized that technical expertise is available in litigation through the appointment of experts, there is a very real danger that a non-technical judge may be influenced more by the eloquence and powers of explanation and persuasion of the expert than by the technical merits of his evidence. Flexibility Disputes arising from construction contracts may in some cases involve a few thousand—perhaps even a few hundred—pounds, or they may involve tens or hundreds of millions. They may involve questions of principle that will affect future contracts, or may (more commonly) be of a ‘one-off’ nature affecting only the contract from which the dispute arose.
Stephenson. –3rd ed. p. —(The Builders’ bookshelf series) Includes bibliographical references and index. ISBN 0-419-18330-2 (acid-free paper) 1. Civil engineering contracts—Great Britain. 2. Construction contracts—Great Britain. 3. Arbitration and award—Great Britain. I. Title. II. Series. 10378624] CIP Page v Contents Foreword ix Preface to the third edition xi Preface to the first edition xiii Acknowledgements xvii 1 Introduction 1 Synopsis 1 Definition 1 Legal framework 2 English law of arbitration 2 Advantages of arbitration 4 Disadvantages of arbitration 6 2 Arbitration Agreements 8 Synopsis 8 Definition 8 Agreements to refer 8 Ad hoc agreements 9 Protection against court proceedings 9 Constitution of tribunal 10 Appointment procedure 10 Arbitration rules 10 Exclusion agreements 12 The ICE Conditions of Contract 12 The Institution of Civil Engineers’ Arbitration Procedure (1983) 17 The FCEC Form of Subcontract 18 The FIDIC Conditions of Contract 19 The Standard Form of Building Contract 20 Page vi 3 Powers of an arbitrator 21 Synopsis 21 Irrevocability of authority 21 Conduct of proceedings 22 Powers relating to the award 22 Power to deal with a reluctant party 22 The reluctant claimant 24 Power to revise engineer’s decisions 25 4 Appointment of the arbitrator 26 Synopsis 26 Procedure for appointment 26 Qualifications of the arbitrator 27 Terms of the appointment 28 Supplying vacancies 29 5 Preliminaries 31 Synopsis 31 English law 31 The preliminary meeting 32 Pleadings 33 Amendments of pleadings 35 The Scott Schedule 36 Discovery of documents 36 Privilege 37 Transcript of the hearing 39 Arrangements for the hearing 39 Conduct of interlocutory stages 40 ‘Liberty to apply’ 41 Preliminary questions of law 41 Small claims 42 6 Evidence 43 Synopsis 43 Statutes 43 Kinds of evidence 43 Admissibility of evidence 46 Proofs of evidence 47 Calling witnesses 47 Burden and standard of proof 48 Page vii 7 The hearing 49 Synopsis 49 Attendance 49 Courtesy 50 Challenges to jurisdiction 50 Representation 50 Procedure 51 8 The award 56 Synopsis 56 Procedure 56 Types of award 59 Format of the award 61 Interest 65 Publication of the award 66 9 Costs 67 Synopsis 67 1950 Act provisions 67 Responsibility for costs 68 Offers to settle 69 Failure to award costs 71 Taxation of costs 71 Avoiding unnecessary taxation 73 Effect of taxation 73 Costs of the award 74 10 Finality of the award; enforcement; appeals 75 Synopsis 75 Enforcement 75 Correction of accidental errors 75 Amendments to deal with costs 76 Correction of errors of law 76 Reasoned awards 78 Misconduct by the arbitrator 78 Page viii 11 The contractor as claimant 81 Synopsis 81 The tender 81 The acceptance 83 Letters of intent 84 The contract 84 The construction period 85 Claims 86 Disputes 87 Selection of the arbitrator 89 The preliminaries 90 The hearing 92 Request for reasoned award 93 Offers 93 Upsetting the award 94 Appendices: A Specimen documents 95 B The Arbitration Act 1950 142 C The Arbitration Act 1975 173 D The Arbitration Act 1979 178 E The Rules of the Supreme Court (Amendment No.
Arbitration Practice in Construction Contracts 3rd Edition by Douglas A. Stephenson