We are experts in all forms of dispute resolution - but we know that not all of our clients and contacts are familiar with any or all of these forms.
So, we have produced explanations of each of the key forms of dispute resolution (namely mediation, adjudication, arbitration and litigation in the Technology and Construction Court) in a handy, easily digestible format.
Our helpful 'quick guide' flowcharts explain the requirements and overall format of these four most used dispute resolution forums. We have already released the first two flowcharts in our WBD Construction Disputes Series, relating to mediation and adjudication.
The third flowchart to be released in the series is…...Arbitration.
Arbitration is an alternative to litigation as a means of resolving a dispute – where an arbitrator or a panel of arbitrators is appointed by the parties to hear and make a binding decision on the dispute. Arbitration has a number of advantages over traditional litigation, including confidentiality and the flexibility for the parties to determine how the arbitration will run.
Our Construction and Engineering team is very experienced in bringing and defending complex, multi-million pound arbitration proceedings, under each of the key institutional rules, including on behalf of our clients' insurers.
For example, we have defended an architectural practice in arbitration proceedings alleging negligence in the design of an airport terminal building in the Channel Islands and associated works. The claim amounted to approximately £15 million. The proceedings were settled with no damages being paid by the insured architect and a recovery of a significant contribution towards the architect’s costs.
You can download our arbitration flowchart here.
If you prefer, you can view this as an interactive arbitration process here.
We will be releasing the next and final flowchart and interactive process in our WBD Construction Disputes Series next week, so watch this space.