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 29
Page 1
... valid definition : for if the phrase ' due bounds ' is taken to mean ' the law ' , there is indeed no appeal from an arbitrator's award . The limited grounds upon which an appeal may lie only cover points of law , including failure by ...
... valid definition : for if the phrase ' due bounds ' is taken to mean ' the law ' , there is indeed no appeal from an arbitrator's award . The limited grounds upon which an appeal may lie only cover points of law , including failure by ...
Page 8
... valid arbitration agreement . Many necessary terms of an arbitration agreement are deemed by the 1950 Act to have been included unless there is specific provision to the contrary . But arbitration agreements may go much further in ...
... valid arbitration agreement . Many necessary terms of an arbitration agreement are deemed by the 1950 Act to have been included unless there is specific provision to the contrary . But arbitration agreements may go much further in ...
Page 9
... valid arbitration agreement chooses to ignore that agreement and commences proceedings in court it is open to the other party , before delivering a defence or taking any other step in the proceedings , to apply to the court for a stay ...
... valid arbitration agreement chooses to ignore that agreement and commences proceedings in court it is open to the other party , before delivering a defence or taking any other step in the proceedings , to apply to the court for a stay ...
Page 12
... valid offer and a valid acceptance ) , it will bring the arbitration within the scope of the 1950 Act . The clause also makes provision for the arbitrator to be appointed , failing agreement between the parties , by the President ( or a ...
... valid offer and a valid acceptance ) , it will bring the arbitration within the scope of the 1950 Act . The clause also makes provision for the arbitrator to be appointed , failing agreement between the parties , by the President ( or a ...
Page 16
... ( 3 ) of the 1950 Act , which sensibly provides that such an agreement is valid only if it is entered into after a dispute has arisen . The Institution of Civil Engineers ' Arbitration Procedure ( 1983 16 Arbitration agreements.
... ( 3 ) of the 1950 Act , which sensibly provides that such an agreement is valid only if it is entered into after a dispute has arisen . The Institution of Civil Engineers ' Arbitration Procedure ( 1983 16 Arbitration agreements.
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