Most of you reading this blog are likely to have read a domestic main contract or sub-contract in the past few days (if not the past few minutes) under which a dispute has arisen. Many of you will also be saying to yourselves, “of course I know whether I can arbitrate my dispute under that contract you silly fool”, and will have already moved on to reading another blog (or possibly social media?).
However, some readers may have no experience of domestic construction arbitration. This may be because they qualified after the introduction of statutory adjudication in 1998 or because of the simultaneous improvements in the Technology and Construction Court (TCC), the combined effect of which has been a steep decline in the number of domestic construction arbitrations. If you fall into this category (or even if you don’t), you might want to read on. Continue reading
