Arbitration

Arbitration has, for many years, been a leading form of dispute resolution for commercial disputes. Like Litigation, Arbitration results in a binding decision. However, the process is private and can be adapted to suit specific disputes. Our unrivalled experience means that we can communicate confidently with the Arbitrator and the opposition. Our construction experience provides a vital link between the technical and legal aspects of a case.

For Quigg Golden the key to a successful arbitration is understanding the commercial and strategic goals of the client. It is this principle which is the focus of any arbitration we are involved in.

Arbitration in the construction industry

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, such as Quigg Golden. Disputes are resolved on the basis of material facts, documents and relevant principles of law.

Quigg Golden administer the arbitration process subject to any relevant contractual rules and subject to the statutory regulatory framework applied by the domestic courts. There are only limited rights of appeal and legal costs are usually awarded to the successful party.

In the last few years there has been a tendency to set the dispute resolution default at litigation rather than arbitration, leaving the parties to specifically agree to arbitration.

Arbitration commences with a notice to concur which provides for agreement on the appointment of Quigg Golden as arbitrators, failing which Quigg Golden may be appointed by a nominating body (which should be named in the contract). Arbitration is now usually combined with adjudication and mediation in tiered dispute resolution procedures.

Advantages in construction arbitration

It is private matter – there is no public record of any proceedings, although not necessarily confidential.

Speed, although this depends very much on the manner in which the arbitrator conducts the arbitration.

The arbitrators award can be enforced as a judgement of the court.