Arbitration Practice in Construction Contracts (eBook)

Douglas S. Stephenson (Autor)

eBook Download: PDF

2008 | 5. Auflage
296 Seiten
John Wiley & Sons (Verlag)
978-0-470-69836-5 (ISBN)

Infos

Since it came into force on 31 January 1997 the Arbitration Act
1996 has generally been welcomed by users and practitioners in the
construction industry. It has fulfilled expectations that it would
provide a user-friendly and practical basis of resolving disputes
arising from construction contracts in a fair, expeditious and
economical way. In doing so it has generated a modest volume of
case law that has demonstrated the excellence of the Act's
provisions and its drafting.

Since the Fourth Edition of this book appeared in 1997 the
Housing Grants, Construction and Regeneration Act 1996 with its
Scheme for Construction Contracts Regulations 1998 have come into
force, as have the Civil Procedure Rules 1998, both of which affect
the resolution of disputes arising from construction contracts.
Case law has arisen from the Construction Act, and from the House
of Lords' judgment in the Beaufort Developments case, overturning
the much-criticised judgment of the Court of Appeal in Crouch.

In this Fifth Edition of an established text the author deals
with each stage of an arbitration, explaining in practical terms
the procedures to be adopted in avoiding disputes and in dealing
with them efficiently when they do arise. It features over 20
specimen arbitration documents and includes the full text of the
Act. It also covers several important developments in case law
affecting construction arbitrations, and refers to the introduction
and case law arising from adjudication under the Housing Grants,
Construction and Regeneration Act 1996.

Autor

Douglas Stephenson BSc. FICE, FIStructE, FCIArb, MConsE spent the first 25 years of his engineering career in the design and construction of a wide variety of civil engineering works. In the early 1970s he established his won practice as a consulting engineer, specializing in dispute resolution, as arbitrators and of the Society of Society of Construction Law.

Inhalt

Foreword.

Preface to the Fifth Edition.

1. Introduction.

2. Arbitration Agreements.

3. Appointment of the Arbitrator.

4. Jurisdiction of the Arbitrator.

5. The Preliminaries.

6. Evidence.

7. The Hearing.

8. The Award.

9. Costs.

10. Powers of the Court in Relation to the Award.

11. Dispute Avoidance and Management.

Appendices.

A. Specimen Documents.

B. The Arbitration Act 1996.

C. The Arbitration Act 1950: Part II.

D. The Scheme for Construction Contracts (England and Wales)
Regulations 1998.

E. The Unfair Terms in Consumer Contracts Regulations 1999.

F. The Unfair Arbitration Agreements (Specified Amount) Order
1999.

G. Interest Tables.

Bibliography.

Table of Cases.

Index.

Rezensionen

"The fact that this book, by a respected and highly experienced
engineer and arbitrator and first published in 1982, has now
reached its fifth edition is in itself a tribute to its quality. It
is an excellent short guide to a complex subject, written in clear
English..."

CIArb Journal, November 2001

Produkt-Details

• Erscheint lt. Verlag: 30.4.2008
• Sprache: englisch
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Wirtschaftsrecht ► Handelsrecht
• Themenwelt: Technik ► Bauwesen
• Themenwelt: Wirtschaft
• Schlagworte: Bauingenieur- u. Bauwesen • Baurecht • Civil Engineering & Construction • construction law • Law • Law Special Topics • Rechtswissenschaft • Spezialthemen Rechtswissenschaft
• ISBN-10: 0-470-69836-5 / 0470698365
• ISBN-13: 978-0-470-69836-5 / 9780470698365