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Construction Arbitration - A brief Explanation

Arbitration is an alternative to issuing Court Proceedings providing a Final Solution to a dispute. Unlike Court proceedings, the dispute is heard privately and the procedure can be less onerous, but the Arbitrator charges a fee, whereas the Judge in Court is free.

Arbitration is governed by statute in England, Wales and Northern Ireland, specifically by the Arbitration Act 1996. ARBICON are able to advise on all matters relating to the Act and Arbitration.

To commence Arbitration a written Arbitration clause is required, which can be severable from the Contract, the agreement will stipulate the procedure to be adopted and where there are any gaps the Arbitration Act 1996 provides the steps required in the process. There are certain components that are required in the process. There are certain components that are required when drafting an arbitration agreement which ARBICON can assist with.

Since the late 1980's, Adjudication has dominated the dispute scene and although Arbitration is a bigger more relative where costs of proceedings can be claimed it has not been popular due to TIME and COST considerations. Many of the old-school Arbitrator's and lawyers hold the belief that Arbitration should be Court Proceedings and adopt a very formal approach. Consequently the process is longwinded, expensive and frustrating where the old ways are adopted or inadequately experienced lawyers are appointed in the Arbitration. The Arbitration Act 1996 allows the process to be operated quickly and effectively, it gives the Arbitrator the power to dictate the procedure and timetable. So it really is up to the Arbitrator. ARBICON Arbitrator's adopt the modern view that there is no room for lawyers to delay proceedings with a no-nonsense approach including a meeting rather than a formal trial and submissions made on documents only with strict document submission directions. Delay tactics are not entertained. Added to this guarantee is that the Arbitrator is a Chartered Quantity Surveyor qualified in Arbitration, Adjudication and all aspects of ADR including experienced Expert Witness work. It is essential that the Arbitrator is an Expert in the field of the dispute. ARBICON provide the most practical, modern commercial service on the market.

Please see the Arbicon Advice Guide with an insight into Arbicon's commercial approach to Arbitration.