By Douglas A. Stephenson(auth.)
Because it got here into strength on 31 January 1997 the Arbitration Act 1996 has ordinarily been welcomed through clients and practitioners within the development undefined. It has fulfilled expectancies that it will supply a undemanding and useful foundation of resolving disputes coming up from building contracts in a good, expeditious and within your budget manner. In doing so it has generated a modest quantity of case legislations that has validated the distinction of the Act's provisions and its drafting.
because the Fourth variation of this booklet seemed in 1997 the Housing supplies, development and Regeneration Act 1996 with its Scheme for development Contracts rules 1998 have come into strength, as have the Civil technique principles 1998, either one of which impact the solution of disputes bobbing up from building contracts. Case legislations has arisen from the development Act, and from the home of Lords' judgment within the Beaufort advancements case, overturning the much-criticised judgment of the court docket of charm in Crouch.
during this 5th variation of a longtime textual content the writer offers with each one level of an arbitration, explaining in useful phrases the techniques to be followed in keeping off disputes and in facing them successfully after they do come up. It beneficial properties over 20 specimen arbitration records and comprises the complete textual content of the Act. It additionally covers numerous very important advancements in case legislations affecting development arbitrations, and refers back to the advent and case legislation bobbing up from adjudication below the Housing gives you, building and Regeneration Act 1996.Content:
Chapter 1 creation (pages 1–13):
Chapter 2 Arbitration Agreements (pages 14–38):
Chapter three Appointment of the Arbitrator (pages 39–44):
Chapter four Jurisdiction of the Arbitrator (pages 45–54):
Chapter five The Preliminaries (pages 55–77):
Chapter 6 proof (pages 78–85):
Chapter 7 The listening to (pages 86–93):
Chapter eight The Award (pages 94–110):
Chapter nine expenses (pages 111–119):
Chapter 10 Powers of the court docket on the subject of the Award (pages 120–124):
Chapter eleven Dispute Avoidance and administration (pages 125–143):
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Additional info for Arbitration Practice in Construction Contracts, Fifth Edition
Subclause 5 provides, where both parties so agree, for an attempt to resolve the dispute by conciliation under the ICE Conciliation 20 Arbitration Agreements Procedure 1999; and where the conciliator makes a recommendation, it is deemed to have finally determined the dispute by agreement unless challenged by either party within one month of receipt of the recommendation. Subclause 6 provides for adjudication in accordance with the ICE Adjudication Procedure 1997, which procedure is designed to satisfy the requirements of the Construction Act.
6). They also include the power to order provisional relief, activating the provisions of section 39 of the 1996 Act, to which the parties’ agreement is given in the clause. 4 of the arbitration clause provides for the joinder of a subcontractor as a party to the arbitration, where there is a related subcontract dispute. In such cases the parties also agree to the arbitrator’s appointment as arbitrator for the subcontract dispute. The subclause wisely empowers, but does not require, the arbitrator to order consolidation of the proceedings, or the holding of concurrent hearings.
The drafting committee also recognised the need, at a time when construction work spans more than one professional body, for rules to be adopted by all relevant construction institutions and bodies. The record of adoption referred to above indicates the substantial degree of success achieved in that aim. 36 Arbitration Agreements Early in its deliberations the drafting committee was faced with a question whether to incorporate provisions of the 1996 Act by reference or by extensive repetition. The committee decided, wisely it is submitted, on the former course.
Arbitration Practice in Construction Contracts, Fifth Edition by Douglas A. Stephenson(auth.)