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There are various legal factors that have to be considered when it comes to arbitration in construction disputes. It is therefore advisable to make sure you have an experienced law firm on your side to ensure you are covered in every area. At Blackstone Solicitors, we are able to advise many different types of client, no matter the complexity of the circumstances surrounding arbitration.
For more information about how our team of construction solicitors can help you, contact us on 0161 929 0121 or complete our online enquiry form and a member of the team will call you back at a convenient time.
How we can help
Construction arbitration is another form of Alternative Dispute Resolution (ADR) and is an alternative to litigation. It is a procedure that can only be adopted where the parties have consented by expressed agreement, or by reference to arbitration giving rise to a right to arbitrate under the Arbitration Act 1996.
There is often a clause in the construction contract allowing for arbitration proceedings to be launched if a dispute arises. Even if this clause isn’t present in the contract, arbitration should be given real consideration as a means to settle a construction dispute.
We are here to help with the arbitration process concerning construction disputes of any size. Be it a single local plot or a site on a much larger scale, we will work with you to make sure everything goes to plan.
Friendly yet direct, our team is passionate about every case we take on, and we believe the entire process requires constant communication. We will therefore guide you through the technicalities involved, offering expert advice from start to finish.
Why legal help is important
Before a construction dispute can be referred to the arbitration process, there must be an arbitration agreement in writing. In order to determine whether there is an arbitration agreement in place, certain components in the agreement are required to be present.
In many instances, the construction contract will require the parties to seek mediation first. If this is unsuccessful, the dispute can be submitted to arbitration. If an arbitration agreement exists, the terms may stipulate what the procedure is to appoint an arbitrator alternatively the Arbitration Act 1996 gives a default procedure.
Once an arbitrator (or arbitrators) is appointed, a meeting is normally held between all parties with the aim of setting out the process and timetable.
Both parties then have time to prepare for presentations, exchange information and provide written evidence to the arbitrator for review before the hearing.
At the hearing, both parties present their evidence and witness statements to the arbitrator. The hearing isn’t as formal as a litigation hearing although the process is similar. Once the arbitrator has considered all the information and evidence, he will make a decision and dictate the award.
Unlike statutory adjudication, an arbitration award is final, save for very limited rights of appeal.
Although construction arbitration has fallen out of favour in recent years because of the growing preference for adjudication, arbitration remains a preferred choice for complex dispute resolution cases. Certain cases require levels of detailed and careful examination that only arbitration can offer.
Our team prides itself on being able to meet every need of each of our clients. We are willing to go the extra mile when other firms are not, ensuring our clients are given the very best opportunity of getting the outcome they are after. Get in touch to see how our specialist team can help you with the arbitration process during your construction dispute.
Speaking to one of our solicitors is easy, simply call us on 0161 929 0121 or allow us to get in touch with you by filling in our online enquiry form. Our services are available to clients throughout the UK, including Manchester, London, Cheshire and Chester, as well as to those living abroad.