Arbitration Practice in Construction Contracts

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Routledge, Sep 2, 2003 - Architecture - 232 pages
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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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Contents

Introduction
1
Legal Framework
2
Advantages of arbitration
4
Disadvantages of arbitration
6
Arbitration Agreements
8
Ad Hoc agreements
9
Constitution of tribunal
10
Exclusion agreements
12
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

The Institution of Civil Engineers Arbitration Procedure 1983
17
The FCEC Form of Subcontract
18
The FIDIC Conditions of Contract
19
The Standard Form of Building Contract
20
Powers of an arbitrator
21
Conduct of proceedings
22
The reluctant claimant
24
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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