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IT Contracts and Dispute Management

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.
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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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