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 8
... differences to arbitration , whether an arbitrator is named therein or not ' ( 1950 Act , section 32 ) . It follows that there could be difficulty in establishing the existence of a valid arbitration agreement where the contract is an ...
... differences to arbitration , whether an arbitrator is named therein or not ' ( 1950 Act , section 32 ) . It follows that there could be difficulty in establishing the existence of a valid arbitration agreement where the contract is an ...
Page 13
... difference that may arise to the engineer for his formal decision under Clause 66 , as a prerequisite to the aggrieved party's giving notice requiring the dispute to be referred to arbitration . The engineer is then allowed a period of ...
... difference that may arise to the engineer for his formal decision under Clause 66 , as a prerequisite to the aggrieved party's giving notice requiring the dispute to be referred to arbitration . The engineer is then allowed a period of ...
Page 14
... differences is not clear . If the rule does so apply then effectively the contractor has a right to immediate arbitration of any substantial difference arising from the contract , but that right would not extend to cover a difference ...
... differences is not clear . If the rule does so apply then effectively the contractor has a right to immediate arbitration of any substantial difference arising from the contract , but that right would not extend to cover a difference ...
Page 15
... differences by agreement in that it provides for the appointment , either by agreement or upon application to the President of the ICE , of a conciliator , whose function is to make a recommendation . He does so after receipt of written ...
... differences by agreement in that it provides for the appointment , either by agreement or upon application to the President of the ICE , of a conciliator , whose function is to make a recommendation . He does so after receipt of written ...
Page 16
... differences . To suggest an informal without prejudice meeting would however be seen as implying a weakness in their case which would be detrimental if the dispute has to run its full course to and through the arbitration hearing ...
... differences . To suggest an informal without prejudice meeting would however be seen as implying a weakness in their case which would be detrimental if the dispute has to run its full course to and through the arbitration hearing ...
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