The Society of Construction Arbitrators

News Archive

ANNUAL CONFERENCE 2008
The Society's Annual Conference 2008 was held in Budapest on 2-5th May.

HAROLD CROWTER
The Society lost one of its most active and distinguished members on 2 November 2007 when Harold Crowter passed away. Harold was a Quantity Surveyor of huge renown and a highly respected arbitrator. He had recently retired as Hon Secretary of the Society.

NEW MEMBERS
The Society is pleased to have welcomed the following as members during 2007:
David Cartwright MA, FRICS, FCIArb, FAMINZ(Arb), MaPS, MEWI, FFB
Patrick Lane  SC (South Africa)
Chris Miers BA(hons), DipArch, MSc(Constr.Law), RIBA, FCIArb, MAE
David Simper, LL.B(Hons), FRICS, FCIArb
Richard Fernyhough QC

GILBERT POWELL
It is with great sorrow that we heard that Gilbert Powell had died on 4 January 2006 at the age of 78. Gilbert Powell was qualified both as an architect and a quantity surveyor and became a very distinguished construction arbitrator. The Society extends its deepest sympathy to his family.

RAY TURNER HONOURED
One of the Societies most distinguished Arbitrator Members has been awarded an Honorary Doctorate by Leeds Metropolitan University. The President and all members of the Society extend their congratulations to Ray.

NEW MEMBERS (19 December 2005)
The Society welcomes two new Overseas Members: Charles Molineaux, from Virginia USA, and Colin Wall, from Hong Kong.

ANNUAL CONFERENCE (May 2005)
The Society held its Annual Conference at the Geroge Hotel, Hathersage, Derbyshire, over the weekend 14-15 May, 2005. Papers (which may be viewed by clicking on the name) were presented by distinguished guests:
Dr Robert Gaitskell, QC; Kim Franklin, Barrister and Chartered Arbitrator; and Teresa Cheng, SC, JP, Hong Kong.

IMPROVED PAYMENT PRACTICES (22 March 2005)
The DTI has published a consultation document following the Latham Report.  It outlines the Government's proposal to improve both the payment provisions and the adjudication provisions of the Housing Grants, Construction and Regeneration Act.  See the Society's original suggestions below. Copies can be obtained by clicking here.

LATHAM REPORTS TO THE TRADE SECRETARY (September 2004)
Very recently Sir Michael Latham presented his first report to the Department of Trade and Industry. As might be expected there was not unanimity concerning the payment provisions but all seem to be agreed that 'pay when certified' clauses and their clones should be outlawed. On adjudication he comments that the Graham Watts report of the CIC identifies some problems and deserve a wider discussion. A short consultation period is suggested and it is hoped to get out the consultation document in the 'Autumn'! When it comes out, of course, the Society will make its presentation and I invite all members to email us with their views when the document is published. The report by Sir Michael and the reports submitted to him may downloaded by clicking here.

NEW HONORARY SECRETARY (July 2004)
Harold Crowter, FRICS FCIArb FHKIArb FFB, was appointed Honorary Secretary of the Society at the Annual General Meeting in succession to Ian Salisbury, MA(Oxon) DiplArch RIBA FCIArb.

"WHAT'S WRONG WITH ARBITRATION?" (1 July 2004)
An address by John Uff, President, at a joint meeting of the Society and the Society of Construction Law at Kings College London. Full text

REVIEW OF THE HGC&R ACT (April 2004)
Click here for a summary of the main issues to have emerged so far.

SIR MICHAEL LATHAM APPOINTED TO REVIEW ACT (2 April 2004)
The Government has announced that it has appointed Sir Michael Latham to review the workings of the Housing Grants, Construction and Regeneration Act 1996 following representations from various trade bodies in the Industry. More details can be found on the DTI website. A number of members of the Society are on the Adjudication Panels of the bodies listed in the Press Announcement as having been contracted by Sir Michael. The consultation period is rumoured as being very short. Any member who wishes to make a contribuion may contact the Webmaster who will see that it is passed to the appropriate body.

JOHN UFF ELECTED PRESIDENT FOR THREE YEARS (28 March 2004)
John Uff QC, Professor of Construction Law at Kings College, London was elected at the President of the Society for the next three years. Traditionally the Presidents have been drawn from a different profession in rotation - Architect, Engineer, Quantity Surveyor and Lawyer. Starting his professional life as an engineer, he very early in his career decided to become a barrister, and John Uff quickly rose throught the ranks to QC and bencher of Grays Inn. He is a leading arbitrator both at home in the UK and overseas. Harold Crowter took over as Secretary from Ian Salisbury, who had held the post for the previous three years.

NEW MEMBERS (March 2004)
The Society has welcomed the following new members in 2004:

• Arbitrator member: Peter Aeberli
• Supporting members: John Rushton, Stuart Kennedy
• Overseas Members: Peter Caldwell, Paul Gelinas

PROPOSAL FOR A SUPPLEMENTARY ARBITRATION PROCEDURE (8 March 2003)
The Review Body has been asked by the Committee of the Society to draft a supplementary procedure to reflect the lessons of adjudication whilst allowing for a more detailed consideration of the evidence than is possible in 28 days. The principal initial suggestions include a time limit of perhaps three months, or 100 days, within which the Award must be produced which can only be amended by the agreement of both parties. It is also suggested that a limit be placed on recoverable costs at a percentage of the amount in dispute save where the parties agree that the matters involved are such that a higher limit is appropriate. Suggestions have also been made that the procedure should include for a preliminary procedure compricing an inital order on a provisional basis in accordance with Section 39 of the 1996 Arbitration Act within a 28 day period. This would be a precursor to the full (limited period) arbitration. A matter for debate is whether the arbitrator should do both the S39 procedure and the subsequent arbitration. Any comments or contributions should be submitted to Chris Dancaster.

CIMAR GUIDANCE NOTES (30 January 2003)
The CIMAR Guidance Notes have been revised and updated and they include an appendix drafted by His Honour Judge Humphrey LLoyd QC on the subject of security for costs.

NEW MEMBERS (January 2003)
The Society has welcomed the following new members in 2002:

• Arbitrator members: Cyril Churn, Charles Ellis, Tony Ensom, The Rt Hon The Lord David Hacking
• Supporting members: Roger Button, David Loosemore
• Overseas Member: Paul A Karrer