Arbitration

 

1. What is alternative dispute resolution in construction?

Francis Wilks & Jones’ specialist construction disputes team are regularly asked, “what is alternative dispute resolution in construction?” Alternative dispute resolution in construction provides the parties with an opportunity to resolve disputes more efficiently and less expensively than the traditional methods of construction litigation.
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2. Arbitration in construction claims advantages and disadvantages

FWJ’s construction disputes team are often asked to advise and give guidance on arbitration in construction claims advantages and disadvantages. Construction arbitration is a form of alternative dispute resolution (or ADR construction). The parties agree to refer the dispute to a third party (the arbitrator). Construction arbitration’s are resolved on the basis of fact, documentation and principals of law. Construction arbitration’s in the UK are commenced under the Arbitration Act, 1996 and the Construction Industry Model Arbitration Rules 1998 (“CIMAR”). A construction arbitration should be fair, cost effective and rapid. Construction arbitration is often used in connection with international construction disputes. However, construction arbitration can also be utilised for UK disputes.
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3. What is arbitration in construction?

FWJ’s construction arbitration team is often asked, “what is arbitration in construction?” Construction arbitration is a contractual form of ADR construction providing for the determination of disputes by a third party arbitrator. Construction arbitration is operated on the basis of material facts, documentation and legal issues.
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4. How does construction arbitration work?

FWJ’s specialist construction arbitration team are regularly asked, “how does construction arbitration work?” Essentially, construction arbitration is similar to construction litigation. It involves the referral of the issue in dispute to a third party arbitrator whose decision is final and legally binding. A construction arbitration is usually resolved based on material facts, documents and relevant principals of law.
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5. Arbitration vs adjudication in construction

FWJ’s specialist ADR construction team is often asked to give advice and guidance on “arbitration vs adjudication in construction”. Generally, construction contracts normally provide for disputes to be processed by agreed ADR construction. Construction arbitration and construction adjudication are two forms of ADR construction. However, whilst the procedures for both construction arbitration and construction adjudication are similar, the reality is that they are completely different. ADR construction and adjudication should not be confused. Unfortunately, that said, it is not unusual for both forms of ADR construction (construction arbitration and construction adjudication) to cause confusion when parties are seeking to proceed with ADR construction. Our construction law team can help explain the differences to you.
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6. What is the difference between arbitration and adjudication?

FWJ’s experienced construction disputes team are regularly asked, “what is the difference between arbitration and adjudication?” Construction arbitration and construction adjudication are two commonly adopted forms of ADR construction (in other words they do not involve construction litigation). The procedures are similar but should not be confused. Choosing the right one can make a big difference in terms of successful outcome.
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