In the past, it was common practice for the architect or engineer under the contract to be appointed as arbitrator1. Nowadays such an appointment is very unusual. Where the reference is to an independent arbitrator, an arbitration clause will generally be given a wide construction2.
A judge of the Technology and Construction Court ('TCC') (previously an Official Referee3) may, if in all the circumstances he thinks fit, accept appointment as a sole arbitrator or as an umpire by or by virtue of an arbitration agreement4. Judges of the TCC may accept appointments as sole
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