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. |
From inside the book
Results 1-5 of 18
Page 1
... limited grounds upon which an appeal may lie only cover points of law , including failure by the arbitrator to conduct himself or the proceedings in accordance with the law ( see Chapter 10 ) . Arbitration is a voluntary procedure ...
... limited grounds upon which an appeal may lie only cover points of law , including failure by the arbitrator to conduct himself or the proceedings in accordance with the law ( see Chapter 10 ) . Arbitration is a voluntary procedure ...
Page 3
... limited right of appeal on points of law , under section 1 of the Arbitration Act 1979 ( referred to herein as the 1979 Act ; see Appendix D ) , which came into force on 1 August 1979 and applies to all arbitrations commenced after that ...
... limited right of appeal on points of law , under section 1 of the Arbitration Act 1979 ( referred to herein as the 1979 Act ; see Appendix D ) , which came into force on 1 August 1979 and applies to all arbitrations commenced after that ...
Page 6
... limited ( see Chapter 10 ) and may in some circumstances be eliminated entirely . DISADVANTAGES OF ARBITRATION Cost of arbitrator and of court facilities In contrast to litigation , wherein both the judge and the court facilities are ...
... limited ( see Chapter 10 ) and may in some circumstances be eliminated entirely . DISADVANTAGES OF ARBITRATION Cost of arbitrator and of court facilities In contrast to litigation , wherein both the judge and the court facilities are ...
Page 7
... limited circumstances . Incompetent arbitrators While judges are appointed only after they have gained extensive experience , usually at the bar , arbitrators having inadequate qualification may be , and sometimes are , appointed either ...
... limited circumstances . Incompetent arbitrators While judges are appointed only after they have gained extensive experience , usually at the bar , arbitrators having inadequate qualification may be , and sometimes are , appointed either ...
Page 12
... limited right of the parties to exclude such review . An agreement for this purpose is appropriately termed an ' exclusion agreement ' ( see SD / 14 ) , and in domestic contracts it is valid only if entered into after the commencement ...
... limited right of the parties to exclude such review . An agreement for this purpose is appropriately termed an ' exclusion agreement ' ( see SD / 14 ) , and in domestic contracts it is valid only if entered into after the commencement ...
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 |
17 | |
18 | |
19 | |
20 | |
21 | |
22 | |
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 |
Table of Cases | 207 |
Index | 209 |
Other editions - View all
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