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Enforcing Contractual Rights in the Irish Legal System

Paper number
D108

Anthony Hussey

January 2010

A paper given to a meeting of the Society of Construction Law and the Society of Chartered Surveyors in Cork on 19th October 2009

In discussing the enforcement of contractual rights in the Irish legal system, Anthony Hussey begins with the Commerical Court, successfully established in 2004. He goes on to look at arbitration, and its advantages over litigation, before considering adr in the form of mediation and conciliation as practised in Ireland.

The Commercial Court - Statistics - Quality of judges - Speed of the process - Stay of proceedings to adr or arbitration - Jurisdiction - Commercial Court compared with arbitration - Setting aside arbitrator's awards - Advantages of arbitration - The Arbitration Bill 2008 - The right to costs and interest - Registration of arbitrator's awards - Challenges - Mediation and conciliation - Construction conciliation as practised in Ireland.

Anthony Hussey is senior partner of Hussey Fraser, solicitors, Dublin.

Text 9 pages