Arbitration

Our team is well versed in advising on the resolution of construction disputes through Domestic or International Arbitration. Unlike Arbitration generalists, we only advise parties in Construction Arbitration matters. We are familiar with all generic types of construction dispute.

Different forms of contract allow for dispute resolution in different ways. Often parties will amend a standard form contract to allow for Arbitration. It is often seen as a quicker and less expensive alternative to Litigation.

Arbitration differs from Litigation in many ways. The basis of Arbitration is contractual in nature. The rights and obligations of parties in relation to arbitration flow from the contract between the parties.  Those contracting to resolve disputes by Arbitration will be able to choose the “Seat” – essentially where the Arbitration takes place.  It is open to parties to choose the rules that will govern any Arbitration, which may be supplemented by statutory provisions, and they may have input into the appointment of the Arbitration Tribunal. 

A genuine advantage to Arbitration over Litigation is that Arbitration is a confidential process, whereas Litigation is in the public domain. Third parties are entitled to see Statements of Case (Particulars of Claim and the Defence) in Litigation and can apply to be provided with other documents, such as Witness Statements, all of which may be commercially sensitive.

Decisions of Arbitration Tribunals are widely enforced throughout the world. They are usually “final”, meaning that there is no “right of appeal”, unlike the various stages of appeal that may be available through Litigation.

Construction disputes commonly arise as a result of project delays, design defects, construction defects and payment disputes. Our team of experienced lawyers regularly advise on all forms of construction disputes.

We advise both Claimants and Respondents in Arbitration proceedings, provide clear, commercial advice. We will never bombard you with legalese. Instead, our approach is to simplify the complex and provide you with the options that you have and what we would do in your situation.