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 23
Page 4
... matters by 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.
... matters by 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
... incurred in litigation , because in the latter the judge is paid out of the public purse , while the arbitrator is not . While true , this is not usually a major factor in the total costs of the proceedings : the arbitrator's charges ...
... incurred in litigation , because in the latter the judge is paid out of the public purse , while the arbitrator is not . While true , this is not usually a major factor in the total costs of the proceedings : the arbitrator's charges ...
Page 6
... incurred in litigation ( see p . 5 ) . Legal aid is not available Where arbitration is used as a means of resolving minor disputes , and in particular those in consumer industries , the non - availability of legal aid may be an ...
... incurred in litigation ( see p . 5 ) . Legal aid is not available Where arbitration is used as a means of resolving minor disputes , and in particular those in consumer industries , the non - availability of legal aid may be an ...
Page 9
... incurred as a result of delays by the Plaintiff , his subcontractor , against admitted entitlement to interim payment for work done . Special provision overriding section 4 of the 1950 Act , whereby in certain circumstances a consumer ...
... incurred as a result of delays by the Plaintiff , his subcontractor , against admitted entitlement to interim payment for work done . Special provision overriding section 4 of the 1950 Act , whereby in certain circumstances a consumer ...
Page 15
... incurred unnecessarily by premature references of disputes , where they should have been dealt with as a single reference on completion , might well take this fact into consideration in his award of costs . The second change probably ...
... incurred unnecessarily by premature references of disputes , where they should have been dealt with as a single reference on completion , might well take this fact into consideration in his award of costs . The second change probably ...
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