By Douglas A. Stephenson
Considers every one level during an arbitration intimately, from the claimant's determination to hunt the technique of resolving a dispute to the arbitrator's award, explaining sincerely and concisely what's anticipated of the claimant, respondent and arbitrator and whilst.
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Extra resources for Arbitration Practice in Construction Contracts 3rd Edition
Page xiv Much has been done by the Chartered Institute of Arbitrators to foster understanding and efficient use of the procedure, by means of training courses and by setting standards of proficiency as a prerequisite to appointment to panels from which arbitrators are selected when the Chartered Institute is the appointing authority. My experience during the past few years as a tutor and more recently as a course director of certain of these training courses has proved of immense value in writing this book.
Legal aid is not available Where arbitration is used as a means of resolving minor disputes, and in particular those in consumer industries, the non-availability of legal aid may be an important consideration. However, in many such arbitration schemes administered by the Chartered Institute of Arbitrators the aim is to obviate any need for legal representation, and to keep costs to a nominal amount. Joinder difficulties Where more than two parties are involved in a dispute—for example employer, main contractor and subcontractor—there is no statutory power whereby all parties may, as in litigation, be joined in a consolidated action.
Page 1 1 Introduction SYNOPSIS The basic principle of arbitration, namely that the parties to a contract from which a dispute arises elect to appoint a tribunal of their own choice to determine that dispute, is especially relevant where, as in construction, technicalities are involved. But arbitration depends for its efficacy upon the law: for without a framework of law within which recognition is given, the award of an arbitrator could prove worthless if the losing party chose to ignore it. Enforcement of arbitration awards is available to the parties through the courts of England and of most other civilized countries: though the law of England will in general require that the arbitration proceedings have been conducted, and the award made, in accordance with that law.
Arbitration Practice in Construction Contracts 3rd Edition by Douglas A. Stephenson