Arbitration has a long history, going back to the earliest commercial activity in various areas of trade and commerce. Arbitration has now received strong legislative and judicial support.
Parties choose and pay for an arbitrator, often with subject matter expertise, to conduct a private, efficient hearing resulting in a reasoned "Award" on all issues referred for arbitration.
Courts will rarely intervene to set aside an arbitrator's award, and will assist in enforcing arbitrators' awards as if they were judgments of the court itself. Thus the decision to engage in arbitration is an important and consequential decision.
Arbitration is a matter of party agreement, and is adaptable to bring efficiency and finality to construction dispute resolution. It is a preferred means of resolving such disputes.
“Be a good soldier, good guardian, and arbitrator of the same integrity.”
- Juvenal -
Duncan Glaholt has been an arbitrator of construction industry disputes for over twenty years, and he has co-authored well-respected books on the subject.
Duncan is a Chartered Arbitrator with the Chartered Institute of Arbitrators.