Disputing contract terms
Article Abstract:
The UK's Joint Contracts Tribunal (JCT) prevents parties to a construction dispute from going to arbitration until practical completion has been achieved or the works have been terminated or abandoned. There are very few exceptions to this rule, and this means that it is very difficult to bring a dispute to arbitration. In many cases, companies in dispute are tempted to send copies of the letters they write to their solicitors to the arbitrator. This creates a situation in which the arbitrator may be tempted to step in to resolve the dispute, even when this is not appropriate.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1997
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Arbitration rules OK
Article Abstract:
The UK construction industry currently does not have a single set of arbitration procedures for all contract documents. Standard procedures for arbitration have been produced by both the Institution of Civil Engineers and the CIMAR group. These both have positive and negative points, and agree on some issues. However, it would be much better to have just one set of procedures. In this way, the arbitration process would be greatly simplified, and it could even be possible to eliminate the use of solicitors and dispute consultants altogether.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1997
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Opening up the decision process
Article Abstract:
A large number of UK contractual disputes are judged by arbitrators, however they are treated in strict confidence and are not published. It is argued that these decisions could be published retaining the confidentiality of the clients involved. The publication of arbitrators' decisions would provide more legal information and provide more knowledge on the administration of the standard form of contracts to the construction industry. It may even result in the decrease in arbitration cases.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1992
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