Arbitration Practice in Construction ContractsTaylor & Francis, 1993 - 213 pages This book considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when. |
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Contents
Introduction | 1 |
Legal Framework | 2 |
Advantages of arbitration | 4 |
Disadvantages of arbitration | 6 |
Arbitration Agreements | 8 |
Ad Hoc agreements | 9 |
Constitution of tribunal | 10 |
Exclusion agreements | 12 |
The award | 56 |
Types of award | 59 |
Format of the award | 61 |
Interest | 65 |
Publication of the award | 66 |
Costs | 67 |
Responsibility for cost | 68 |
Offers to settle | 69 |
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 |
Powers of an arbitrator | 21 |
Conduct of proceedings | 22 |
The reluctant claimant | 24 |
Power to revise engineers decisions | 25 |
Appointment of the arbitrator | 26 |
Qualifications of the arbitrator | 27 |
Terms of the appointment | 28 |
Supplying vacancies | 29 |
Preliminaries | 31 |
The preliminary meeting | 32 |
Pleadings | 33 |
Amendments of pleadings | 35 |
The Scott Schedule | 36 |
Privilege | 37 |
Transcript of the hearing | 39 |
Conduct of interlocutory stages | 40 |
Liberty to apply | 41 |
Small claims | 42 |
Evidence | 43 |
Admissibility of evidence | 46 |
Proofs of evidence | 47 |
Burden and standard of proff | 48 |
The hearing | 49 |
Courtesy | 50 |
Procedure | 51 |
Failure to award cost | 71 |
Avoiding unnecessary taxation | 73 |
Cost of the award | 74 |
Finality of the award enforcement appeals | 75 |
Amendments to deal with costs | 76 |
Reasoned awards | 78 |
The contractor as claimant | 81 |
The acceptance | 83 |
Letters of intent | 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 |
Upsetting the award | 94 |
Specimen documents | 95 |
The Arbitration Act 1950 | 142 |
Arbitration Act 1975 | 173 |
Arbitration Act 1979 | 178 |
The Rules of the Supreme Court Amendment No 3 1979 | 188 |
The Arbitration Act 1979 Commencement Order 1979 | 194 |
Interest tables | 196 |
Flow chart | 203 |
Bibliography | 205 |
207 | |
209 | |
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Common terms and phrases
acceptance allegation amended application appoint an arbitrator Arbitration Act 1979 arbitration agreement Arbitration Foreign Awards Arbitration Procedure arbitrator or umpire arbitrator's award costs award of costs Chapter Chartered Institute Civil Engineers Clause 66 commencement Conditions of Contract Construction Company Limited copy counsel Counterclaim Court of Appeal delay documents employer enforcement English law ensure exclusion agreement expert fees Final Award Finance Corporation PLC foreign award hearing hereby High Court ICE Conditions incurred Institute of Arbitrators Institution of Civil intention is expressed interim award Isambard Kingdom Brunel issues League of Nations leave to appeal letter Majorspan Bridgebuilders PLC matters in dispute Northern Ireland paragraph payment person pleadings Points of Claim Points of Defence preliminary meeting proceedings provision question of law reasons referred to arbitration relevant request respondent River Avon rules Schedule statutory instrument submission submitted tender Universal Finance Corporation valid Value Added Tax