IT Contracts and Dispute Management
A Practitioner’s Guide to the Project Lifecycle
Steven Baker, Lawrence Akka and Rachel Glass
Chapter 19: FORUM FOR RESOLVING DISPUTES
A Practitioner’s Guide to the Project Lifecycle
Steven Baker, Lawrence Akka and Rachel Glass
Extract
Chapter 19 addresses the pros and cons of the different means by which claims may be resolved in the public court system and by way of private dispute resolution under the auspices of arbitrators, mediators and appointed experts. An outline is given of the civil court system and procedure from pre-action correspondence through to the initial procedural timetable, with particular reference to the differences between the Technology and Construction Court and Commercial Court. The potential benefits of arbitration and mediation are discussed, and practical advice concerning the choice of mediators and experts is provided. Various aspects of expert determination, including the possibility of challenge to decisions for fraud or manifest error are also covered.
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