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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Results 1-5 of 39
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... action through the courts , with all of the disadvantages associated with such actions but none of the advantages . Arbitration has in this way gained a reputation for being anything but inexpensive and expeditious ; and the procedure ...
... action through the courts , with all of the disadvantages associated with such actions but none of the advantages . Arbitration has in this way gained a reputation for being anything but inexpensive and expeditious ; and the procedure ...
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... actions , and for his encouragement , I am deeply grateful . I am also indebted to my good friend and co - tutor Ian Menzies for his preliminary reading of the typescript and for making many helpful xiv Preface to the first edition.
... actions , and for his encouragement , I am deeply grateful . I am also indebted to my good friend and co - tutor Ian Menzies for his preliminary reading of the typescript and for making many helpful xiv Preface to the first edition.
Page 6
... , as in litigation , be joined in a consolidated action . Certain standard forms of contract , such as the FCEC Form of Subcontract and the JCT Form of Building Contract , do however 6 Introduction Disadvantages of arbitration.
... , as in litigation , be joined in a consolidated action . Certain standard forms of contract , such as the FCEC Form of Subcontract and the JCT Form of Building Contract , do however 6 Introduction Disadvantages of arbitration.
Page 9
... action under section 4 of the 1950 Act . The applicant must satisfy the court that he is ready and willing to proceed in accordance with the arbitration agreement , and the court must also be satisfied that there is no sufficient reason ...
... action under section 4 of the 1950 Act . The applicant must satisfy the court that he is ready and willing to proceed in accordance with the arbitration agreement , and the court must also be satisfied that there is no sufficient reason ...
Page 13
... actions may lead to arbitration , then removal of the requirement should concentrate the engineer's mind on the seriousness of the position at an earlier stage in the negotiations . For , in civil engineering contract disputes , as in ...
... actions may lead to arbitration , then removal of the requirement should concentrate the engineer's mind on the seriousness of the position at an earlier stage in the negotiations . For , in civil engineering contract disputes , as in ...
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