Arbitration Practice in Construction ContractsRoutledge, 2. sept 2003 - 232 pages 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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... 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 . He held that office for a record term of five years , and ...
... 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 . He held that office for a record term of five years , and ...
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... courts affecting the conduct of arbitrations . In writing the Foreword Lord Justice Donaldson , President of the Chartered ... High Court , in dealing with reluctant or obstructive parties . For both of these actions , and for his ...
... courts affecting the conduct of arbitrations . In writing the Foreword Lord Justice Donaldson , President of the Chartered ... High Court , in dealing with reluctant or obstructive parties . For both of these actions , and for his ...
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... High Court . Although this procedure , which was defined in section 21 ( later repealed ) of the 1950 Act , provided a means by which case law developed to a high degree of sophistication in commercial contracts , it also provided a ...
... High Court . Although this procedure , which was defined in section 21 ( later repealed ) of the 1950 Act , provided a means by which case law developed to a high degree of sophistication in commercial contracts , it also provided a ...
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... High Court under section 23 of the 1950 Act . Fortunately such occurrences are rare , and especially so where the appointing authority administers a rigorous examination system for aspiring arbitrators . Lay parties , and regrettably ...
... High Court under section 23 of the 1950 Act . Fortunately such occurrences are rare , and especially so where the appointing authority administers a rigorous examination system for aspiring arbitrators . Lay parties , and regrettably ...
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... High Court where the parties are unable to agree upon an appointment , and it also deals with vacancies that arise where the appointed arbitrator is incapable of acting , or refuses to act , or dies . Until the 1979 Act became law there ...
... High Court where the parties are unable to agree upon an appointment , and it also deals with vacancies that arise where the appointed arbitrator is incapable of acting , or refuses to act , or dies . Until the 1979 Act became law there ...
Contents
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 |
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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 |
Table of Cases | 207 |
Index | 209 |
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Common terms and phrases
acceptance accordance action additional agreed allegation amended amount appeal application appointment Arbitration Act arbitration agreement arbitrator or umpire arbitrator's arising authority award Chapter Civil Engineers claim Claimant Clause commencement completion construction continued contract contractor Convention copy costs counsel Counterclaim course deal decision Defence delay determine directions dispute documents effect enforcement ensure entitled event evidence example expert extension fact fails fees final further give given hearing High Court ICE Conditions incurred Institution intention interest interim issues judge knowledge leave letter Limited matters means meeting month namely necessary notice offer otherwise paragraph parties payment period person pleadings Points possible preliminary prepared present President procedure proceedings provision question question of law reasons reference relation relevant represented request respect respondent rules Schedule served submission submitted tender unless usually valid witness writing