Arbitration

Many standard form construction contracts contain an arbitration clause for the resolution of disputes arising under the contract. Since the Housing Grants Construction and Regeneration Act 1996 came into force, the first avenue pursued by a claimant has tended to be adjudication, rather than arbitration. However, arbitration remains a common forum for resolving construction disputes, and one with which TeCSA members are very familiar.

Outside the UK, arbitration remains the forum of choice for the resolution of disputes on international projects, because of the reluctance of either party to submit to the home courts of the other, and because of the greatly increased scope for enforcement of arbitration awards around the world provided by the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958. Commonly used arbitration institutions are the LCIA and the ICC. The UNCITRAL Rules are also frequently used. See below for links to the websites of these institutions and for other useful arbitration links.