An understanding of the importance of independence and objectivity Flashcards Preview

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Which Red Book standard requires independence and objectivity in valuations?

Professional Standards (PS) 2 section 3


What does PS 2 section 3 state in relation to independence and objectivity in valuations?

Members undertaking valuations must act with independence, integrity and objectivity

Any COIs - otherwise written consent from both clients should be obtained before acceptance of instruction and disclosed in TOE and managed appropriately

Members must act within the RICS ROC

Requirement to maintain client confidentiality

Information barrier (Chinese wall) must be put in place

Valuer and firm must act objectively at all times and not be influenced by the client


What is Early Neutral Evaluation (ENE)?

Intended for use before any formal litigation / arbitration = started

Process involves a neutral (the ‘evaluator’) who is unconnected to dispute /either party

Evaluator produces evaluation / recommendation with likely outcomes if dispute goes to court /to arbitrator for a decision (it is non-binding)

ENE = voluntary, confidential and conducted on a ‘without prejudice’ basis

Can be used in conjunction with other DR options

In the UK, ENE = being encouraged by certain courts e.g. the Technology and Construction Court and the Commercial Court


What is the ENE procedure?

Each party makes written submissions, with evidence and supporting documents

Oral hearing may also be arranged

Evaluator can also hold a meeting to obtain further information about issues

The parties and the evaluator decide whether detailed reasons are given

He/she will evaluate evidence and law, bearing in mind the submissions, and produce a recommendation


What are the benefits of ENE?

Take place outside formal court setting and at location and time agreeable to parties

Can be used alongside other ADR measures

Clients decide on route to ENE and what documents/disclosure = needed to get there

In receiving early neutral indication, matters = heard and often resolved earlier, saving significant costs


What are the disadvantages of ENE?

Some may feel it's a risky process where once evaluation = provided, one party may become more entrenched in their views

Adds extra layer of cost to proceedings which do ultimately go to court /arbitration

For cases where position cannot be reached without court hearing = questions advantage an ENE may bring


What are DRBs?

Panels of experts - provide interim solutions that know interests of project in quick and effective manner

Make recommendations rather than binding decisions

Effective dispute avoidance and management for contractual disputes on medium - large scale projects

Purpose = save money, ensure project = delivered on time and on budget, and help maintain relationships

Usually exist throughout duration of contract and can be referred to at any time by any of the Parties


What are the benefits of DRBs?

Involved with project from inception to completion = benefits from ‘hands on’ knowledge and understanding of project

Can help give a decision quickly (as quickly as 30 days after formal request)

Any disputes and decisions = confidential

Expertise – Members of DRB = selected for knowledge and expertise

Prevention – existence of DRB can prevent disputes escalating because Parties = reluctant to be seen making frivolous claims


What are the disadvantages of DRBs?

Quick resolution can be labelled ‘rough justice’

Parties to incur the costs of the dispute board and perhaps external legal counsel

Relatively short proceedings = the process does not always result in full examination of facts as with arbitration /litigation

Determination may reflect a compromise between parties rather than firm, final award


What is med-art?

The same as arbitration


Which Act governs arbitration?

Arbitrations in the UK are governed by the Arbitration Act 1996


What does the Arbitration Act 1996 ensure?

Ensures that arbitrations are fair, cost-effective and rapid, as well as ensuring that the law is followed wherever possible and the language used is friendly and accessible.