The Society of Construction Arbitrators 100 Day Arbitration Procedure

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

  • The Society of Construction Arbitrators 100 Day Arbitration Procedure
  • What is the 100 day arbitration procedure?
  • Key provisions

The Society of Construction Arbitrators 100 Day Arbitration Procedure

What is the 100 day arbitration procedure?

The Society of Construction Arbitrators published its 100 Day Arbitration Procedure in 2004. The procedure can be adopted by agreement and governs how the arbitration will be conducted, including the time limits with which procedural matters must be concluded.

The 100 day procedure was produced by the Society to address their view that some adjudications were becoming too expensive, especially as the resulting adjudicator's decision is only binding unless and until it is determined by litigation, arbitration or agreement (see Practice Note: Adjudication decision).

The 100 day arbitration procedure aims to allow disputes to be heard comparatively quickly, producing a binding result, but still allowing sufficient time for the parties to present their arguments and conduct a full hearing if necessary. If a procedure such as this is not adopted, arbitration proceedings usually take considerably longer. The general view in the industry however is that the 100 day procedure has not gained widespread acceptance.

The parties to the dispute must consent to using the 100 day procedure. Parties may do so in advance of a dispute by including an agreement to use the 100 day procedure in an arbitration clause in their contract, or the procedure can be adopted on an ad hoc basis. The procedure provides a template adoption clause to

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