Construction Industry Model Arbitration Rules (CIMAR)
Produced in partnership with Mayer Brown International LLP
Construction Industry Model Arbitration Rules (CIMAR)

The following Construction guidance note Produced in partnership with Mayer Brown International LLP provides comprehensive and up to date legal information covering:

  • Construction Industry Model Arbitration Rules (CIMAR)
  • Development of the rules
  • Aim of the rules
  • Overview of the Rules
  • Case law
  • The use of the CIMAR rules

Development of the rules

CIMAR is the acronym for the Construction Industry Model Arbitration Rules, published by the Society of Construction Arbitrators (SCA) and the Joint Contracts Tribunal (JCT).

In response to the Bill that was to become the Arbitration Act 1996 (AA 1996), the SCA initiated the production of model arbitration rules. These were for adoption by all construction institutions. A series of committees was established under the chairmanship of Lord Justice Auld, including a plenary group, a steering group and a drafting sub-committee which adopted the acronym CIMAR.

The first edition of CIMAR was published in 1998 by the SCA. In 2005, the JCT published its own version of the CIMAR. The JCT also published revised versions in November 2011 and June 2016 to coincide with its 2011 and 2016 suites of contracts, however there were no textual changes to the 2005 version.

In essence, the Rules follow AA 1996. Sections of AA 1996 of immediate relevance are printed after the Rule in question, with other sections necessary to the working of the Rule included as Appendix II. Apart from incorporating powers direct from the AA 1996, the CIMAR have two other purposes:

  1. to extend or amend the provisions of AA 1996 where necessary, and

  2. to add a general framework to the specific powers and duties set out in AA