Arbitration Act 42 of 1965 defines an arbitration agreement as “a written agreement providing for reference to arbitration proceedings in the event of an existing or future dispute concerning a matter defined in the agreement”. Arbitration is generally the preferred method of dispute resolution in construction contracts and is attractive, as the parties have the opportunity to appoint an arbitrator with expertise and experience in this area (which is particularly important in the construction sector, with its specialized forms and technical provisions). It is also an inexpensive way to quickly resolve a dispute over litigation, and proceedings and arbitration decisions are confidential. If a subcontractor (with signed contract) is not paid for a concluded contract and has sent messages (registered letter), what is the next step and what form is used. The properties are located in the town of Greenville. Thank you Most contractors simply think that the clause is enforceable and therefore think that their only recourse is before an arbitration panel. However, the reality is that many of these clauses are not applicable due to inappropriate construction. To make an appointment with a lawyer in St. Petersburg, please call us at 813.579.3278 or send our contact form. Arbitration should be a faster and cheaper way to settle construction claims. The ambiguity of the arbitration clause can destroy this objective by causing the dispute that the parties wanted to avoid.
Lawyers who, when drafting the clause that defines the arbitration agreement, have as many thoughts and reflections as on all the conditions of the agreement ensure that the settlement of their clients` disputes is effective, inexpensive and definitive. Construction disputes generally involve claims between almost all parties to the project and the number of such parties is often quite large. The possibility of engaging parties in arbitration proceedings is more difficult than in the case of legal action. Arbitration is limited to parties who have agreed to settle their disputes through arbitration (and this agreement is usually only easy to obtain at the beginning of a project when the project contract is negotiated). There is usually no appeal against an arbitrator`s decision. This is mainly due to the fact that appeals entail considerable costs and delays, precisely the things that arbitration is supposed to avoid. If a party believes that an arbitrator has erred in law or mis established facts, it will be very difficult for the dissatisfied party to appeal the arbitrator`s arbitral award. . . .