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 42
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... usually take , or the purposes which they are designed to perform . In addition , the relevant statutory provisions are set out to be consulted where necessary . All in all , this is a book which is designed to provide the reader with ...
... usually take , or the purposes which they are designed to perform . In addition , the relevant statutory provisions are set out to be consulted where necessary . All in all , this is a book which is designed to provide the reader with ...
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... usually follow a standard format requiring little adaptation to suit a particular reference . Accordingly I have included , in Appendix A , a series of specimen letters and documents which , while not applicable to every situation ...
... usually follow a standard format requiring little adaptation to suit a particular reference . Accordingly I have included , in Appendix A , a series of specimen letters and documents which , while not applicable to every situation ...
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... usually best achieved by naming as the appointed authority the president of the appropriate professional body . While it is recognized that technical expertise is available in litigation through the appointment of experts , there is a ...
... usually best achieved by naming as the appointed authority the president of the appropriate professional body . While it is recognized that technical expertise is available in litigation through the appointment of experts , there is a ...
Page 5
... usually a major factor in the total costs of the proceedings : the arbitrator's charges are often much less than those of the parties ' solicitors and counsel . Furthermore , where technical matters are involved it is likely that ...
... usually a major factor in the total costs of the proceedings : the arbitrator's charges are often much less than those of the parties ' solicitors and counsel . Furthermore , where technical matters are involved it is likely that ...
Page 7
... usually at the bar , arbitrators having inadequate qualification may be , and sometimes are , appointed either by an appointing authority or by the parties , in ignorance of the requirements of the appointment . Many appointing ...
... usually at the bar , arbitrators having inadequate qualification may be , and sometimes are , appointed either by an appointing authority or by the parties , in ignorance of the requirements of the appointment . Many appointing ...
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