Arbitration


Arbitration is very much akin to litigation, save that the Judge and court are replaced by the arbitrator; who could perhaps be a qualified Quantity Surveyor if your dispute is about a final account.

Arbitration is generally only available if your contract prescribes the use of arbitration, although very occasionally the parties do agree to refer their dispute here despite the contract saying litigation.

The process may be more costly than court; a court fee is replaced by the arbitrator’s fees, but in return you can select an individual often with a more appropriate skill set than a more general commercial Judge.

Often the decision whether to use arbitration is out of your hands (and written into the contract) but if you have the choice, a number of factors need to be considered, and we can help with that process.

As regards running an arbitration, it is often generally similar to running litigation, save for the quirks of timetable that the arbitrator may impose. Just as with litigation, we can help you through this process.

If we can assist you in any way, or if you simply want to discuss the needs of your construction and engineering project, we would be delighted to meet with you either in our office or at your office to discuss your issues. Please contact us at any time.