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 87
Page
... Costs Synopsis 1950 Act provisions Responsibility for costs Offers to settle Failure to award costs Taxation of costs Avoiding unnecessary taxation Effect of taxation Costs of the award 10 Finality of the award ; enforcement ; appeals ...
... Costs Synopsis 1950 Act provisions Responsibility for costs Offers to settle Failure to award costs Taxation of costs Avoiding unnecessary taxation Effect of taxation Costs of the award 10 Finality of the award ; enforcement ; appeals ...
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... costs . And where a party finds the arbitrator to be inexperienced it can lead him gently to adopt sensible procedures . If this book helps in promoting the use of such procedures it will have served its purpose . Being of an ...
... costs . And where a party finds the arbitrator to be inexperienced it can lead him gently to adopt sensible procedures . If this book helps in promoting the use of such procedures it will have served its purpose . Being of an ...
Page 3
... costs . But perhaps the most important function of the 1950 Act is that contained in section 26 wherein an arbitration award may effectively be converted into a judgment of the High Court . One of the main features of arbitration under ...
... costs . But perhaps the most important function of the 1950 Act is that contained in section 26 wherein an arbitration award may effectively be converted into a judgment of the High Court . One of the main features of arbitration under ...
Page 4
... agreement ; and while neither party can dictate to the other where it is thought , for example , that costs are being incurred - unnecessarily , the party may bring its contentions to the 4 Introduction Advantages of arbitration.
... agreement ; and while neither party can dictate to the other where it is thought , for example , that costs are being incurred - unnecessarily , the party may bring its contentions to the 4 Introduction Advantages of arbitration.
Page 5
... costs . Economy Critics of arbitration often argue that costs in total are likely to exceed those incurred in litigation , because in the latter the judge is paid out of the public purse , while the arbitrator is not . While true , this ...
... costs . Economy Critics of arbitration often argue that costs in total are likely to exceed those incurred in litigation , because in the latter the judge is paid out of the public purse , while the arbitrator is not . While true , this ...
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 |
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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