Chapter 19: FORUM FOR RESOLVING DISPUTES
A Practitioner’s Guide to the Project Lifecycle
Restricted access

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.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with you Elgar account