A REGULAR SERIES ON DEVELOPMENTS IN THE LAW AND HOW THEY AFFECT MANAGERS

摘要

As a result of the 1996 Arbitration Act, the 1996 Construction Act, CIMAR, the CPR and the various ADR procedures now available, parties should take a much more sophisticated approach to dispute resolution than hitherto. This means taking care to ensure that the contracts they enter into have multi-layered dispute resolution clauses, providing for, for example, mediation (and expert determination in respect of purely technical disputes), followed by arbitration, and bearing in mind that adjudication is always available to those involved in a construction contract. It is generally sensible to include an agreement, within the contract, that in any arbitration the CIMAR are to apply.