| Commentary

175 General

| Commentary

3: ARBITRATION

175 General

It is not unusual for construction contracts to provide for any disputes which may arise between the employer and the contractor to be submitted to arbitration1. Where such a provision is in writing or is evidenced in writing2 it attracts the operation of the Arbitration Act 19963 and it is subject to the general law of arbitration4. The most commonly perceived advantage of arbitration over litigation is that it provides a more effective means of resolving the parties’ dispute in a forum in which the arbitrator is chosen by the parties, often for his technical competence, and

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