CHECK THESE SAMPLES OF Resolution of disputes by subcontractors through arbitration in FIDIC construction
...turns out that it is enough if the essential core elements i.e obligation to resolve disputes through arbitration and the right to insist on resolution of disputes to be resolved in this manner can be inferred. It is therefore clear that the terms of the arbitration in the instant case under discussion would constitute a valid arbitration agreement. George Ltd has a strong case that it can rightfully demand that the dispute or difference be referred to arbitration. 15 Steps to be taken to commence arbitral proceedings George Ltd who wishes to terminate the contract may...
10 Pages(2500 words)Coursework
...Association (LMAA) require that arbitrators have a duty to proceed impartially and fairly among the parties to the case at all times. The rules the International Chamber of Commerce including the London Court of International Arbitration have requirements of impartiality of the arbitrators. The two institutions provide for the requirement that each arbitrator must sign a declaration to the effect of their independence. The guidelines on conflicts of interest concerning international arbitration contained in the International Bar Association IBA. Mediation Mediation is the process of voluntary participation or an alternative dispute...
10 Pages(2500 words)Essay
...? The Construction Firm: Contractors and Subcontractors Number and Number Number of Words: 2,631 Introduction Since 1980s, construction companies in UK has encountered several occasions wherein the construction business has been experiencing slow growth in business. In times of serious economic recession, it is common on the part of most UK-based construction companies who failed to diversify and create strong business alliances in other countries to experience a temporary setback with regards to its construction projects. (See Appendix I – Construction and GNP Trends between 1980 to 2011 on page 13) Within the...
10 Pages(2500 words)Essay
...in the proliferation of foreign investment flows. These provisions and more especially the principle of fair and equitable treatment represents the fundamental standard by which investor/state disputes are resolved.13 Thus this paper seeks to identify the link between the decline in investor/state disputes and the proliferation of investment treaties and as such, the role of arbitration as provided for under these treaties in the facilitation of FDI flows. I. Research Questions This dissertation is guided by a primary research question and a number of secondary research questions. The primary research question is: What role does arbitration play in the...
68 Pages(17000 words)Dissertation
...the subcontractor failed to meet his/her end of the bargain. It is also inexcusable to delay a construction if the project site was poorly coordinated. This may also be a problem when the contractor fails to finance the project properly or when there was poor workmanship, delays in material acquisition among others things. When a delay is caused by any of the latter factors, then it is likely that that person found guilty of the offense will be liable to pay damages. (Fewings & Jones, 2005)
How disputes are resolved in relation to time delays in construction
The first aspect that is involved in dealing with the disputes is mitigation of its effect. It...
4 Pages(1000 words)Assignment
...resolution of disputes by an impartial tribunal without unnecessary delay or expense.’ (The Arbitration Act 1996 Section 1(a))
Order 23 of the Rules of the Supreme Court and Section 726(1) of the Companies Act 1985 make provision for security for costs in High Court proceedings. The powers of an arbitrator in similar circumstances must be construed by reference to the underlying principles of these two statutory provisions.
There are three grounds upon which a court can order that a plaintiff provide security for costs under Order 23 of the Rules of the Supreme Court. (Fender) The first of these grounds provide for security for costs in instances where the plaintiff...
4 Pages(1000 words)Essay
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An arbitrator’s power to strike out a claim for want of prosecution is further fortified by Section 1 of the Arbitration Act 1996. All of the provisions of the 1996 must be read with reference to Section 1 of the 1996. This section specifically requires that the ensuing sections of the 1996 act be construed by reference to Section 1. ‘The object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense.’ (The Arbitration Act 1996 Section 1(a))
When taken into account together with the common law principles enunciated by Lords Diplock, Griffiths and Woolf, Section 1(a)...
4 Pages(1000 words)Essay
...the works may include some forms civil, mechanical, electrical and /or construction works designed by the contractor.7 The Engineer’s traditional impartial role has been changed to facilitate impartial resolution of any dispute arsing out of the contract executions. Clauses 2 to 4 are concerned with rights, duties and obligations of employer, engineer and contractor as a triangle. Clause 2 deals with the obligations and responsibilities of the employer though it is not an exhaustive one for his obligations. For example, clause 1.13 (a) makes it mandatory to planning permissions etc. Under the clause 2.1, the employer is require to give right of access and possession to the contractor...
40 Pages(10000 words)Thesis
...Arbitration of Investment Disputes - A Turkish Perspective
Introduction
Arbitration is a faster and cheaper way of litigation. Arbitration basically implies a way in which disputes are resolved with the help of a knowledgeable and learned individuals or a panel known as “Arbitrator”. The arbitrator can even be a third reliable party between the two opponents. They make decision outside the court of law and predominantly decisions made by the arbitrator are final and binding. So, arbitration is an “Alternative Dispute Resolution” technique used by two...
9 Pages(2250 words)Essay
...Arbitration Arbitration is an alternative form of dispute resolution. This approach provides parties to a conflict with an alternative to resolve the dispute without litigating. The two parties to a dispute elect an impartial third party to hear them and then make an award based on the evidence and testimony of the parties. Although the process is conducted out of court, the parties are both given an opportunity to participate in a hearing and they are allowed to give evidence. The arbitrators award in arbitration cases is often final and courts rarely reexamine such awards. Additionally, other...
2 Pages(500 words)Essay
