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.