Trends in Construction Dispute Resolution
Dr Robert Gaitskell QC
December 2005
A paper based on talk given to the Society of Construction Arbitrators on 14th May 2005 and to the Society of Construction Law in London on 5th July 2005.
The author considers what is happening currently in construction dispute resolution, taking an overview of the various forms now available, the trends which have emerged in the last decade, giving a snapshot of the present position and hazarding some guesses as to the future.The procedures divide into two kinds - final and preliminary.In the first category, the author c
Dr Robert Gaitskell QC
December 2005
A paper based on talk given to the Society of Construction Arbitrators on 14th May 2005 and to the Society of Construction Law in London on 5th July 2005.
The author considers what is happening currently in construction dispute resolution, taking an overview of the various forms now available, the trends which have emerged in the last decade, giving a snapshot of the present position and hazarding some guesses as to the future.The procedures divide into two kinds - final and preliminary.In the first category, the author considers court litigation, arbitration and expert determination.In the second, he considers mediation, early neutral evaluation, adjudication and dispute boards/panels.
Introduction - Final Determination Procedures - Court litigation - Arbitration - Expert determination - Preliminary determination procedures - Mediation - Early neutral evaluation - Adjudication - Dispute boards/panels - Conclusion.
The author: Robert Gaitskell PhD(KCL), BSc(Eng), CEng, FIEE, FIMechE, FCIArb is a practising Queen's Counsel in Keating Chambers, London, specialising in engineering disputes; he is also an arbitrator, adjudicator and mediator and acts as dispute board chairman and member.
Text: 13 pages
PDF file size: 73k