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An arbitration clause is often included in contracts within the construction industry, offering an alternative to court proceedings when dealing with a dispute and recognising that this can sometimes offer a quicker and more cost effective solution to all involved.
However, this is not always the case and our specialist team will advise and guide you through the process so that you can make an informed decision whether to adopt this route: taking into account that all too often an arbitration clause may not have been properly negotiated, and are often agreed to without fully understanding the implications.
Usually all parties must agree to the issues in dispute being dealt with by arbitration, which can be a discreet point or the whole contract. Arbitrations are dealt with by a specialist tribunal and unlike many court Judgments, an Arbitration decision is usually binding with very limited rights to appeal.
If dealt with properly, arbitrations can offer greater flexibility to suit the particular dispute, with limits placed on the usual court requirements on cross examination, the level or disclosure and inspection of evidence and statements setting out the basis of any claims.
Given the binding nature of any arbitration award, it is essential that advice is sought a soon as a dispute arises to ensure the appropriate methods are adopted and preferences set out at an early stage such as the choice of venue, arbitrator and to resolve any procedural issues that may need agreement to enable the arbitration to proceed quickly and efficiently.
For advice and assistance please contact one of the team who will be happy to help.
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