Topic > How should dispute resolution be final - 1533

HOW SHOULD DISPUTE RESOLUTION BE FINAL?IntroThe number of disputes in the construction industry is increasing dramatically, but it is secondary disputes, or "disputes about disputes", that are occupies this document. While they serve a professional and social purpose in ensuring that dispute resolution complies with applicable rules, they naturally give rise to the question addressed in this paper: to what extent challenges to the process or outcome should be permitted; or “How final should dispute resolution be?” (Uff, 2010). The first point to make is that the standard forms then in common use contained severe restrictions on what could become the subject of formal litigation. For example, until 1980, JCT forms contained a conditional embargo on defect reports after delivery of the final certificate, an issue which led to at least two major decisions in the House of Lords before the bar was progressively lifted. After this incident there were many minor controversies over whether or not defects should be prosecuted (Uff, 2010). The requirement of an engineer's decision as a condition precedent to the right to proceed to arbitration has given rise to a glut of decisions, both in the English courts and in a succession of published and unpublished arbitral awards on the question of whether particular disputes had been adequately dealt with , so as to attribute jurisdiction to the court (Uff, 2010). The Technology and Construction CourtPrior to 1996 parties usually had a classic choice between arbitration or litigation. In both cases, as with contractual forms, the general approach was that decisions were final, with only a few exceptions (Uff, 2010). However, two exceptions have been introduced. First, to avoid missing the bus......half of the card......h cannot be subsequently disputed. In the modern world this cannot include third party decisions. It may include aspects of the agreement such as time limits and prices (Uff, 2010). In arbitration, while the procedure is subject to the autonomy of the parties, the right of appeal in cassation is not, but this is subject to an important exception. as it is still possible to adhere to this appeal – a provision that could be considered increasingly out of place. Most commercial arbitrations are subject to institutional rules (typically those of the International Court of Arbitration in London or the International Chamber of Commerce) which, on the contrary, exclude any appeal, thus representing a different aspect of the parties' autonomy (Uff, 2010 ). Reference ListUff, J., 2010. How Final Should Dispute Solution Be?, sl: Society Of Construction Law.