Chapter 27 Arbitration

Despite the advent of adjudication, arbitration retains a pivotal role in the resolution of construction disputes. Not only does it remain for many contracting parties the preferred methodology (over litigation) for a final answer where one or other party is dissatisfied with an adjudicator's decision, but it is increasingly recognised as an appropriate first resort to decide those claims that the court itself has observed may be too complex to form the subject of an effective adjudication even as a first level process. Furthermore, its importance for the deciding of international construction disputes, where the parties are likely to require an independent tribunal and jurisdiction, remains unabated.

This chapter provides an overview of the entire arbitral process from commencement of a reference to challenging an award. It covers pre-arbitral proceedings, appointment of an arbitrator, preparing the case, the powers of the arbitrator, and enforcement. It does not neglect the international aspect.