Arbitration

Arbitration

Arbitration is used across a wide range of industries, as a method of resolution of disputes arising out of sometimes very complex and high value contracts.

These industries include the construction industry, although it is now used less in domestic construction disputes it is still widely used internationally and may be enforced across the borders of countries signed up to the New York Convention.

Arbitration is sometimes favoured as a method of resolution of construction disputes due to the private nature of the process, as opposed to litigation.

The parties are free to nominate their choice of Arbitrator, either pre dispute within the contract or when the dispute materializes by agreement. They can therefore choose to nominate an industry professional as opposed to having the dispute decided by a judge. In addition they can chose the extent of the Arbitrators powers within the arbitral rules, which may in some circumstances help to speed up the process.

Unlike litigation, the parties to an arbitration can agree to restrict costs between them, however the costs of the venue and arbitrator have to be met by the parties, as opposed to litigation where these costs are met by the state.

An Arbitral award is final and enforceable against the parties as if it were a court order. In fact appealing an arbitral award is more difficult than appealing a court decision.

Tom Feeney is a legally qualified construction arbitrator and is available to undertake appointments to act as arbitrator in construction disputes.

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