Dispute Resolution Flashcards
(20 cards)
What are the arbitration exceptions
Section 67
Section 68 and
Section 69
What is section 67
Challenge to the tribunal’s substantive jurisdiction
What is section 68
Challenge on the grounds of serious irregularities
What is section 69
Appeal on the point of law
What is the arbitration statue
Section 6 Arbitration act 1996
What year is the construction act
1996
What is adjudication
Referral from a dispute to obtain a decision
How long should they take
28 days max
Major success why?
Emerged from the Latham report constructing the team 1994
What is mediation
Negotiations carried out by a third party
Has no power to impose an outcome
What can happen if ignoring an invite to mediation
Opposite reaction in court
Consequences with costs
How long
Usually one day
Let’s meet without delay with the help of a mediator to see if that can be settled without further expense
Tony Allen CEDR resolutions issue 47 June 2011 pg 11
What case held that might not penalise a refusal to mediate
Hurst v Leeming 2001 EWHC 1051 ch
Link between litigation and mediation
Part 44 of the CPR
The court will also have regard to
The conduct of all parties including in particular
The efforts made if any before and during the proceedings to try and resolve the dispute
CPR part 44 4 3a ii
Part 44 4 (3)(a)(ii)
The court will also have regard to
The conduct of all parties including in particular
The efforts made if any before and during the proceedings to try and resolve the dispute
Mitigation case with horse
Dunnett v Railtrack plc 2002 EECA civ 303 court of appeal
Railtrack refused to go to mitigation
Costs would not go to mrs dunnett
Both have a proper part to play in the administration of justice the industry must become fully aware and acknowledge its value
Burchell v Bullard 2005 EWCA civ 358
Burchell v Bullard 2005 EWCA civ 358
Both have a proper part to play in the administration of justice the industry must become fully aware and acknowledge its value
