Briefly stated, arbitration is a private, informal process by which all parties agree, in writing, to submit their dispute to one or more impartial persons authorized to resolve the controversy by rendering a final and binding award. This is especially important in the construction field, where you are not likely to be appointed a judge who has any specific technical knowledge or appreciation for construction. In arbitration, you can request an arbitrator with the level of construction appreciation you feel appropriate.
The chair shall be responsible for the organization of arbitral conferences and hearings and arrangements with respect to the functioning of the Tribunal. In setting time limits, the Tribunal should bear in mind its obligation to manage the proceeding firmly in order to complete proceedings as economically and expeditiously as possible and to attempt to enforce the time frames for the Pre-hearing Conference, for discovery, and for the arbitration hearing and award.
The Tribunal is empowered to impose other time limits it considers reasonable on each phase of the proceeding. In the discretion of the Tribunal, Pre-hearing Conferences may be conducted via telephonic conference.
Representatives of all the parties shall attend Pre-hearing Conferences, and it is desirable that a decision maker for each of the parties themselves attend. The objective of the Initial Pre-hearing Conference shall be to discuss all elements of the arbitration with a view to planning for its future conduct and maintaining the time limits within these Rules.
The Tribunal shall designate the date for commencement of the day period. Matters to be considered in the Initial Pre-hearing Conference will ordinarily include, inter alia, the following: Determination of the time limits allocated to each party for the presentation of its case, cross examination and rebuttal at the arbitral hearing, including the time frame to conduct cross examination regarding any testimony presented in written form.
Each party will appoint a person to monitor time used during the arbitral hearing and the appointed persons shall agree to time used after each session and report same to the Tribunal.
Determination of permissible time frames, means and manner of discovery pursuant to Rule Determination of the time frame for filing of motions and responses thereto, for requests for subpoenas, for requests for interim relief and for submission and response times for memoranda in support thereof.
The utility of bifurcation or other separation of issues in the arbitration; the desirability and practicability of consolidating the arbitration with any other proceeding.
Means for early identification and narrowing of the issues in the arbitration.
ARBITRATION OF CONSTRUCTION DISPUTES by Jack Rephan Arbitration of construction disputes is not new. Almost years ago, arbitration was introduced into standard-form construction agreements and since that time arbitration has. Given the large number of parties and interrelated agreements, including subcontracts, involved in construction projects, any dispute that arises in a main contract may have repercussions in the subcontract and can give rise to parallel arbitration proceedings. Progressive dispute resolution exists in the construction industry, but most frequently in predefined escalation specified in the contract; for instance, the DBIA standard contract forms specify step negotiation, then mediation, and finally binding arbitration .
The possibility of stipulations of fact and admissions by the parties, as well as simplification of document authentication.
The possibility of appointment of a neutral expert by the Tribunal. The possibility of the parties engaging in settlement negotiations, with or without the assistance of a mediator, who may not be a member of the Tribunal.
After the initial Pre-hearing Conference, further pre-hearing or other conferences may be held as the Tribunal deems appropriate while being mindful of the expedition sought by these Rules.
The award shall be deemed made at such place. The Tribunal may schedule meetings and hold hearings wherever it deems appropriate. For purposes of enforcement of subpoenas to give evidence, any member of the Tribunal may conduct a hearing at any necessary location.
Applicable Law s and Remedies Failing such a designation by the parties, the Tribunal shall apply such law s or rules of law as it determines to be appropriate having in mind the venue of the underlying events and the hearing.
However, the Tribunal will not ordinarily permit more than a few days of deposition discovery, including one-day depositions of experts, and any depositions permitted shall be brief.Disputes have the potential to cause very significant delays, which are extremely expensive within the construction industry.
In addition, if the dispute can’t be resolved it could cause a project to be abandoned. In many construction disputes, arbitration is preferable to litigation.
Generally, on large projects owners and general contractors have detailed dispute resolution clauses including mediation and arbitration. Articles Arbitration in Construction Disputes By: Casey Smith April 19, There is rarely a construction project that is free from some type of dispute, whether it is workmanship issues, deficiencies, delay claims or simply getting paid for the work that is done.
International arbitration has long been one of the most commonly used forms of final dispute resolution for international construction and engineering projects. The survey considered the reasons for the popularity of international arbitration.
Arbitration. Arbitration is an alternative to litigation. It is a voluntary dispute resolution process that is often written into contracts and subcontracts in the construction industry. Construction Dispute Resolution, Inc.
(CDR) is a well-known and respected firm of construction experts in the Seattle, Washington area whose focus is the resolution of disputes involving the purchase, sale, development, construction or remodeling of real property.