Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
All building contracts contain details of the way in which disputes can be sorted out on a formal basis. There are three formal processes: adjudication, arbitration, and litigation. There are also what are usually termed ‘alternative dispute procedures’, which include: mediation, negotiation, conciliation, and mini trial. Architects and surveyors dealing with building contracts should steer well clear of arbitration and litigation and not risk giving advice about these procedures to clients other than to refer them to experts. The parties must choose which of either arbitration or litigation they wish to have as their main dispute resolution process before signing the contract. If arbitration is the chosen method of binding dispute resolution and a party tries to deal with a dispute by litigation, the other party can ask the court to grant a stay (postponement) of legal proceedings until the dispute is settled by arbitration.
All building contracts contain details of the way in which disputes can be sorted out on a formal basis. There are three formal processes: adjudication, arbitration, and litigation. There are also what are usually termed ‘alternative dispute procedures’, which include: mediation, negotiation, conciliation, and mini trial. Architects and surveyors dealing with building contracts should steer well clear of arbitration and litigation and not risk giving advice about these procedures to clients other than to refer them to experts. The parties must choose which of either arbitration or litigation they wish to have as their main dispute resolution process before signing the contract. If arbitration is the chosen method of binding dispute resolution and a party tries to deal with a dispute by litigation, the other party can ask the court to grant a stay (postponement) of legal proceedings until the dispute is settled by arbitration.
Dispute Resolution
Chappell, David (Autor:in)
07.01.2020
5 pages
Aufsatz/Kapitel (Buch)
Elektronische Ressource
Englisch
Emerald Group Publishing | 2011
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