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 25
Page 11
... submitted to the arbitrator a few days before the hearing begins enables him to study those addresses in advance of the hearing , and avoids the unproductive tedium of long addresses read at dictation speed by counsel , often from ...
... submitted to the arbitrator a few days before the hearing begins enables him to study those addresses in advance of the hearing , and avoids the unproductive tedium of long addresses read at dictation speed by counsel , often from ...
Page 15
... submitted that the parties should not abuse their newly gained freedom by requiring immediate arbitration unnecessarily . One purpose of the original rule was to obviate the need for a multiplicity of arbitrations arising from a single ...
... submitted that the parties should not abuse their newly gained freedom by requiring immediate arbitration unnecessarily . One purpose of the original rule was to obviate the need for a multiplicity of arbitrations arising from a single ...
Page 17
... submitted that the parties should carefully consider , before making a valid agreement ( i.e. an agreement made after the dispute has arisen ) to adopt Rule 21.1 , what benefit is to be gained from that rule . Under it , the arbitrator ...
... submitted that the parties should carefully consider , before making a valid agreement ( i.e. an agreement made after the dispute has arisen ) to adopt Rule 21.1 , what benefit is to be gained from that rule . Under it , the arbitrator ...
Page 18
... submitted , so wide as to be open to challenge on the ground of misconduct . Rule 21.1 of the Short Procedure provides that , unless the parties otherwise agree , the arbitrator has no power to award costs to either party , and the ...
... submitted , so wide as to be open to challenge on the ground of misconduct . Rule 21.1 of the Short Procedure provides that , unless the parties otherwise agree , the arbitrator has no power to award costs to either party , and the ...
Page 19
... submitted that an engineer's rejection of , or failure to agree to , a claim under the main contract does not in itself constitute a dispute ; and that a dispute within the meaning of Clause 18 ( 2 ) impliedly arises only where the main ...
... submitted that an engineer's rejection of , or failure to agree to , a claim under the main contract does not in itself constitute a dispute ; and that a dispute within the meaning of Clause 18 ( 2 ) impliedly arises only where the main ...
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