The following Construction guidance note provides comprehensive and up to date legal information covering:
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:
supervising matters relating to existing arbitrations, including:
hearing an appeal of an arbitrator's award on a point of law
challenges to an award for serious irregularity
challenges to an award on grounds of jurisdiction
enforcement of an arbitrator's award in the same manner as a judgment or order of the court
granting a stay of court proceedings
accepting, where appropriate, an invitation of the parties to sit as an arbitrator
hearing applications in relation to adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), including:
enforcement of an adjudicator's decision, see Practice Note: Enforcing an adjudicator's decision in the TCC
disputes over the jurisdiction of an adjudicator, see Practice Note: Making a jurisdictional challenge
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
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