By Douglas A. Stephenson

Considers every one level during an arbitration intimately, from the claimant's selection to hunt the technique of resolving a dispute to the arbitrator's award, explaining basically and concisely what's anticipated of the claimant, respondent and arbitrator and while.

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Additional info for Arbitration Practice in Construction Contracts 3rd Edition

Sample text

The usefulness of the book is enhanced by the inclusion of some very helpful examples of specimen documents, without which it must be very difficult for those unaccustomed to legal procedures to understand the shape which such documents usually take, or the purposes which they are designed to perform. In addition, the relevant statutory provisions are set out to be consulted where necessary. All in all, this is a book which is designed to provide the reader with as much practical information as possible about arbitration law and procedure, Page x in an accessible form, and within a modest compass.

The first major change probably results from recognition of the impracticability of imposing any bar to ‘immediate’ arbitration in the light of the Farr decision (above). Nevertheless it is submitted that the parties should not abuse their newly gained freedom by requiring immediate arbitration unnecessarily. One purpose of the original rule was to obviate the need for a multiplicity of arbitrations arising from a single contract, in order to minimize costs. An arbitrator who finds that costs have been incurred unnecessarily by premature references of disputes, where they should have been dealt with as a single reference on completion, might well take this fact into consideration in his award of costs.

Until the 1979 Act became law there remained a situation in which deadlock could be reached because of a breakdown in the machinery for the appointment of the arbitrator. There was no provision under the 1950 Act for filling a vacancy where the appointing authority named in the arbitration agreement refused, or failed within the time specified, to make an appointment. This defect has been remedied under section 6 of the 1979 Act, which amends section 10 of the 1950 Act to enable the High Court to make an appointment in this situation.

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