Arbitration Practice in Construction Contracts

Introduction: synopsis; definition; legal framework; English law of arbitration; advantages of arbitration; disadvantages of arbitration. Part 2 Arbitration agreements: synopsis; definition; separability; agreements to refer; ad hoc - agreements; stay-of-court proceedings; procedural matters; arbitration agreements in standard forms of contract. Part 3 Appointment of the arbitrator: synopsis; constitution of tribunal; appointment procedure; qualifications of the arbitrator; terms of the arbitrator's appointment; supplying vacancies. Part 4 Jurisdication of the arbitrator: synopsis; power to rule on own jurisdiction; revocation of arbitrator's authority; power of court to remove the arbitrator; resignation of the arbitrator; death of the arbitrator or of the appointing authority; power to conduct the proceedings. Part 5 The preliminaries: synopsis; English law; the preliminary meeting; procedural directions; statements of case; amendments to statements of case; further and better particulars; the Scott schedule; disclosure of documents; privilege; transcript of the hearing; arrangements for the hearing; conduct of the interlocutory stages; preliminary questions of law; small claims. Part 6 Evidence: synopsis; statutes; kinds of evidence; admissibility; privilege; proofs of evidence; calling witnesses; burden and standard of proof. Part 7 The hearing: synopsis; attendance; courtesy; challenges to arbitrator's jurisdiction; representation; procedure. Part 8 The award: synopsis; procedure; types of award; format of the award; notification of the award; correction of accidental errors; additional awards. Part 9 Costs: synopsis; statutory provisions; basis of award of costs; offers to settle; failure to award costs; determination of recoverable costs; arbitrator's fees and expenses; interest on costs. Part 10 Power of the court in relation to the award: synopsis; enforcement; challenges to the award. Part 11 Dispute management: synopsis; contract documents; basic contract law; the construction period - records; claims; adjudication; disputes; appointment of the arbitrator; choice of advocate; offers to settle. Appendices: a specimen documents; The Arbitration Act 1996; The Arbitration Act 1996 (Commencement No 1) Order 1996; The Arbitration Act 1950; The Unfair Terms in Consumer Contracts Regulations 1994; The Unfair Arbitration Agreements (Specified Amount) Order 1996; interest - base rates and interest calculations.