Will the pendulum swing to arbitration? (2014) 25 5 Cons.Law 32 [Archived]
Will the pendulum swing to arbitration? (2014) 25 5 Cons.Law 32 [Archived]

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

  • Will the pendulum swing to arbitration? (2014) 25 5 Cons.Law 32 [Archived]
  • The appeal of arbitration

This article appears as originally published in Construction Law on 1 June 2014 and is not maintained.

You know the scene, the drafting is nearly complete on the building contract and a few, seemingly minor, drafting decisions need to be made. One of these may be in the dispute resolution procedure. Many standard form building contracts allow for the choice of either litigation or arbitration as the ultimate method of resolving a dispute, but which do you choose?

Back in the 1990s the answer was often arbitration. This allowed for confidential, ‘private’ dispute resolution, albeit at a cost, whereas court cases could go on forever with the prospect of spending huge sums in legal fees. Then came the Woolf Reforms and the CPR, and court procedures became far more streamlined. By choosing litigation rather t