ADR in the Technology and Construction Court
ADR in the Technology and Construction Court

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • ADR in the Technology and Construction Court
  • Sources of guidance
  • Without prejudice meeting
  • The TCC Guide requirement to consider ADR
  • Balancing the court timetable and ADR
  • The consequences of a failure to agree to ADR
  • How to proceed
  • Court Settlement Process

This Practice Note examines the involvement of the Technology and Construction Court (TCC) in alternative dispute resolution (ADR).

In addition to hearing cases at trial, the TCC has an important role to play in relation to other forms of dispute resolution. This role encompasses:

  1. supervising matters relating to existing arbitrations, including:

    1. hearing an appeal of an arbitrator's award on a point of law

    2. challenges to an award for serious irregularity

    3. challenges to an award on grounds of jurisdiction

    4. enforcement of an arbitrator's award in the same manner as a judgment or order of the court

    5. granting a stay of court proceedings

  2. accepting, where appropriate, an invitation of the parties to sit as an arbitrator

  3. hearing applications in relation to adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), including:

    1. enforcement of an adjudicator's decision, see Practice Note: Enforcing an adjudicator's decision in the TCC

    2. disputes over the jurisdiction of an adjudicator, see Practice Note: Making a jurisdictional challenge

    3. disputes over whether there is a contract that entitles the parties to adjudicate under the HGCRA 1996, see Practice Note: What is a construction contract under the HGCRA 1996?

The TCC also actively encourages parties to consider using ADR where they would otherwise commence court proceedings and proceed to a court trial. This Practice Note examines how the TCC does this by