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 51
Page 3
... also necessary of the Arbitration Act 1975 ( Appendix C ) , the principal purpose of which is ' to give effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards English law of arbitration 3.
... also necessary of the Arbitration Act 1975 ( Appendix C ) , the principal purpose of which is ' to give effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards English law of arbitration 3.
Page 4
... give the instructions he gave ; or questions may involve the technicalities of the various standard methods of measurement . A proper understanding of these and many other points that may arise can only be gained by long experience in ...
... give the instructions he gave ; or questions may involve the technicalities of the various standard methods of measurement . A proper understanding of these and many other points that may arise can only be gained by long experience in ...
Page 13
... give his Clause 66 decision . If that decision is not given within the prescribed time , or if it is unacceptable to either party , then that party must give a written Notice to Refer within three months of the date of the decision , or ...
... give his Clause 66 decision . If that decision is not given within the prescribed time , or if it is unacceptable to either party , then that party must give a written Notice to Refer within three months of the date of the decision , or ...
Page 19
... gives rise to a dispute as to the validity of an appointment under the former provision . Where the subcontractor gives notice under Clause 18 ( 1 ) requiring a dispute to be referred to arbitration , the main contractor may , under the ...
... gives rise to a dispute as to the validity of an appointment under the former provision . Where the subcontractor gives notice under Clause 18 ( 1 ) requiring a dispute to be referred to arbitration , the main contractor may , under the ...
Page 20
... give written notice that a dispute be referred to arbitration : while Clause 41.1 specifically empowers the arbitrator to rectify the contract . Provision is made , under Clause 41.8 , for the appointing authority to re - appoint where ...
... give written notice that a dispute be referred to arbitration : while Clause 41.1 specifically empowers the arbitrator to rectify the contract . Provision is made , under Clause 41.8 , for the appointing authority to re - appoint where ...
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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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