Arbitration provides a voluntary alternative to taking a dispute into court. The parties’ may either have a pre-existing Arbitration agreement which could possibly be incorporated within a wider agreement or alternatively the parties may agree to refer to Arbitration upon a dispute arising. Conflicting parties may bring their dispute to an Arbitrator who will determine a solution – known as an Award – that best meets the needs of both parties.
Why choose Arbitration?
- An arbitrator will generally have a high degree of relevant technical expertise that a judge in court may not possess
- An Award is usually binding and enforceable by law, as agreed by the parties
- Construction Arbitration may save time, expense and reputation (by reason of confidentiality) compared with the litigation processes
The format
If parties choose to proceed with Arbitration, they may select an Arbitrator to hear the parties’ grievances. Unless the parties otherwise agree the Arbitrator will determine the procedure and the process concludes with the issue of the Arbitrator’s Award. There is no time limit for an Arbitrator to make an Award unless the parties have agreed such before hand, but a fast resolution is preferable to avoid accruing expenses.
Party representation
Davies and Davies are experienced in representing both pursuing and defending parties throughout the construction Arbitration process. We understand the technical details associated with construction contracts, and can tailor the Arbitration process to your needs. The costs of Arbitration are also potentially recoverable.