Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Many of these construction disputes are resolved through arbitration, which is a process by which the parties in dispute, instead of going to court to resolve the matter, agree to submit their case to a third-party neutral, known as the arbitrator, who acts as a judge and jury.Aug 29, 2018
Chapter 18 Arbitration. Commercial arbitration is when a dispute is referred if, as a result of the requirements of the construction contract, there is an '
Commercial arbitration is when a dispute is referred if, as a result of the requirements of the construction contract, there is an 'arbitration agreement'
What is LLM construction law & arbitration?
This LLM Construction Law and Arbitration distance learning course provides practical, thorough and valuable teaching in the fast moving and highly specialist disciplines of construction law, construction adjudication and/or arbitration (depending on choice of route)
Why is arbitration important in construction?
Industry-specific legal concepts
Arbitration provides flexibility, control, and other efficiencies that can streamline the resolution of these disputes
For these reasons, arbitration is the most widely used form of dispute resolution in the construction sector
The Beijing Arbitration Commission (BAC) is an independent non-profit organization based in Beijing offering services in arbitration, mediation, and other dispute resolution mechanisms. The BAC was established in 1995 following the passage of the Arbitration Law of the People's Republic of China. In accordance with the theories of other ADR channels, the BAC encourages arbitration and mediation forums as win-win alternatives to litigation. The BAC serves both domestic and international clients. An article in Business China declared the Beijing Arbitration Commission (BAC) as the only local arbitration commission which meets or surpasses global standards.”
Construction law and arbitration
United States legal statute
The United States Arbitration Act, more commonly referred to as the Federal Arbitration Act or FAA, is an act of Congress that provides for non-judicial facilitation of private dispute resolution through arbitration. It applies in both state courts and federal courts, as was held in Southland Corp. v. Keating. It applies in all contracts, excluding contracts of seamen, railroad employees, or any other class of workers involved in foreign or interstate commerce, and it is predicated on an exercise of the Commerce Clause powers granted to Congress in the U.S. Constitution.
International Arbitration and Mediation Centre (IAMC) as proposed by the International Arbitration and Mediation Centre Trust is an autonomous body which was inaugurated in Hyderabad by Chief Justice of India NV Ramana and Telangana Chief Minister K. Chandrasekhar Rao. It is fourth centre of its kind after ones in Dubai, London and Singapore. The institution acts as mediator or arbitrator for contract value of more than 30 million Indian rupees (393,000 USD) in case of dispute involving any entity owned or managed by Government of Telangana.
The Permanent Court of Arbitration (PCA) is a
Intergovernmental organization
The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that arise out of international agreements between member states, international organizations or private parties. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 122 states. It is not a United Nations agency, but a United Nations observer.
