Flashcards in The range of nominating bodies and services available to resolve disputes Deck (11)
What are court proceedings/litigation?
The process of engaging in or contesting legal action in court as a means of resolving a dispute
The court is able to enforce or determine one party's rights /obligations
What is Litigation?
Litigation = process of taking legal action, i.e. in the construction industry, it will typically be taken to the Construction and Technology Court
What is Professional Arbitration on Court Terms (PACT) and how is it used?
A joint initiative set up by RICS and the Law Society as a form of ADR for lease renewal disputes
Determination of all /some of terms of renewal lease =(with consent of both parties) delegated to independent third party who may act either as an arbitrator / an independent expert
Objective of scheme = increase effectiveness and flexibility of legal system and to give greater choice to both landlords, tenants and to their advisers through lease renewal process
What is the key Note for Surveyor-Advocate?
RICS Surveyor as a Surveyor-Advocate – Professional Statement (Mandatory Requirement) and Guidance Note (best practice)
What is a Surveyor-Advocate?
A surveyor acting as advocate = appointed by a party to present the case for the client using argument, showing the tribunal why the client’s case should be preferred
Surveyor advocates have duties to their client and also an overriding duty to the tribunal.
What must Surveyor-Advocates do?
Surveyor advocates must:
- Act in the best interests of their client
- Advance their client’s case by all fair and proper means
- Have adequate PI cover in place
What does JCT recommend for ADR?
JCT SBC11 clause 9.1 requires each party to give serious consideration to use mediation
Not compulsory for parties to use mediation, however English courts strongly encourage it and introduced cost sanctions against parties that refuse to resolve dispute through mediation where it would have been clearly in its interest to attempt to do so
What adjudicator nominating bodies are there?
o Construction Industry Council
o RICS DRS
What Arbitrator nominating bodies are there?
o Chartered Institute of Arbitrators
o RICS Construction and Engineering Arbitration Service (RICS CEAS)
o Construction contracts contain DRS provisions via agreed ADR services
What services does the RICS Dispute Resolution Service offer?
o Adjudication and arbitration services
o PACT (lease renewal disputes) – joint initiative with the Law Society
o Dilapidation disputes