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.
TeCSA may be able to assist in suggesting potential arbitrators for construction cases from amongst the membership of the Association. If you need an arbitrator, contact the Chairman, giving details of the case, and the skills and experience you consider are needed by the intended arbitrator.
ARBITRATION WEBLINKS
Arbitration Act 1996 (England, Wales and Northern Ireland)
CIMAR (Construction Industry Model Arbitration Rules)
Chartered Institute of Arbitrators
Institution of Civil Engineers Dispute Resolution services
LCIA Arbitration International
ICC (International Chamber of Commerce)
New York Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958