1 APPOINTMENT

1.1 Challenge to

1.1.1 The respondent challenges the qualification of the arbitrator

1.2 Disqualification for

1.2.1 Approached by one party

1.2.2 Called for interview by one party

1.3 Estoppel

1.3.1 Party who appoints an arbitrator subsequently estopped from ascer-taining that arbitrator has no authority

1.3.2 Is a newly appointed solicitor estopped from questioning the arbitrator’s jurisdiction?

1.4 Invalidity of

1.4.1 Respondent developer claims that Chartered Institute of Arbitrators has made an invalid appointment and that the arbitrator has no power to call a preliminary meeting

1.4.2 Appointment letter from nominating body signed by person other than that person named in contract

1.4.3 Respondent asserts the claimant has not complied with precondition related to arbitrator’s appointment

1.4.4 Respondent questions validity of appointment

1.4.5 Party contends appointment invalid as made out of time

1.4.6 Validity of unilateral reference for the appointment of an arbitrator

1.4.7 Conditional appointment of arbitrator

1.4.8 The appointment of an arbitrator must be made in strict compliance with the contract

1.4.9 Party attempts to nominate third arbitrator

1.4.10 Whether an appointment is valid where a joinder notice has been served prior to the date of that appointment

1.5 Non-Acceptance of Terms

1.5.1 Claimant refuses to accept arbitrator’s terms following appointment

1.6 Parties’ Failure to Agree

1.6.1 The dispute clause does not provide how an arbitrator should be appointed and the parties cannot agree

1.7 Withdrawal/Resignation From

1.7.1 Arbitrator attempts to withdraw after appointment

1.7.2 Arbitrator invited to withdraw

1.8 Wrong Reference

1.8.1 Appointment letter from nominating body cites incorrect reference to Act

1.8.2 Arbitrator’s qualifications do not meet specific requirements of arbi-tration agreement

2 ARBITRATION AGREEMENT

2.1 Ad hoc submissions

2.1.1 Reference to arbitration after dispute arises

2.1.2 Whether the subsequent conduct of the parties amounted to an "ad hoc"arbitration agreement

2.2 Condition Precedent

2.2.1 Whether arbitrator’s award is a condition precedent to a cause of action

2.2.2 Where a dispute has to be referred to engineer’s decision as a condition precedent to arbitration

2.3 Dispute as to Validity of

2.3.1 Compliance with contract, prerequisite to trigger written arbitration agreement

2.3.2 Respondent questions validity of arbitrator’s appointment as architect’s nal certificate had been issued

2.3.3 Where conclusiveness of architect’s final certificate time bars arbitration

2.4 Estoppel

2.4.1 Party asserts other party estopped from proceeding with arbitration

2.4.2 Whether a party is estopped by convention from denying the existence of an arbitration clause

2.5 Existence of

2.5.1 Contract contains conflicting dispute clauses

2.5.2 Is there a valid arbitration agreement if the contract is not signed?

2.5.3 Parties agree to arbitrate in mistaken belief that contract contains an arbitration clause

2.6 Existing Dispute

2.6.1 Where prior arbitration agreement may be too restrictive to cover an existing dispute

2.7 Invalidated by

2.7.1 Misrepresentation—where asserted options open to arbitrator and parties

2.7.2 Mistake—is award enforceable where arbitration based on a mistake of fact?

2.7.3 Illegality—whether illegality invalidates an arbitration clause

2.8 Need for written

2.8.1 Contract sealed with wrong company seal

2.8.2 Contract not signed—incorporated by reference?

2.8.3 Oral agreement to resolve dispute by arbitration

2.8.4 What effect an oral agreement made during the reference has on a written arbitration agreement

2.9 No dispute

2.9.1 Notice of arbitration given where no dispute exists

2.10 Time limits

2.10.1 Extension of time within which to commence arbitration

2.10.2 Power to the court to extend time prescribed by lease to commence arbitration proceedings

2.10.3 Whether time is of the essence in the appointment of an arbitrator in a rent review dispute

2.10.4 Application to appoint an arbitrator outwith the statutory time limit

2.10.5 Is determination of time limit issue a point of jurisdiction?

2.10.6 Arbitrator urged to reject an application for an extension of time to serve a statement of claim where the request is made out of time

2.10.7 Arbitrator has impossibly short period to make award within time limit set down in lease

2.11 Underlying contract, scope of

2.11.1 Contract is frustrated； does arbitration clause survive?

2.11.2 Contract void "ab initio"—severability of arbitration clause

3 ARBITRATOR

3.1 Arbitrator or expert

3.1.1 Where both parties are lay people and unlikely to adduce satisfactory evidence

3.1.2 Where a tenant wanted an expert not an arbitrator

3.2 Authority of

3.2.1 Party questions arbitrator’s authority unilaterally to set date for prelimi-nary meeting

3.2.2 Arbitrator directs a party to be represented at a meeting of experts

3.3 Death of

3.3.1 Arbitrator dies during interlocutory stage

3.3.2 Arbitrator dies during a long hearing

3.4 Examination by

3.4.1 Respondent accuses arbitrator of adopting an inquisitorial role

3.4.2 When the parties agree that the arbitrator can act inquisitorially

3.5 Functus officio

3.5.1 Joint arbitrators disagree and umpire appointed

3.5.2 Prior disclosure of contents of award to one party

3.5.3 Losing party telephones arbitrator

3.6 Independent advice

3.6.1 Arbitrator decides it necessary to consult a third party

3.7 Jurisdiction

3.7.1 Challenge of arbitrator’s jurisdiction at commencement of hearing

3.7.2 Arbitrators have no power to decide their own jurisdiction

3.7.3 Threat of injunction against arbitrator on grounds of no jurisdiction

3.7.4 Dispute in excess of jurisdiction

3.7.5 Did arbitrator have jurisdiction in dispute under ICE contract when question of reference of that dispute to engineer for his decision is disputed?

3.7.6 Respondent asserts that the claimant has failed to serve a notice to refer as required by the contract

3.7.7 Respondent asserts that arbitrator has no jurisdiction due to an oral agreement to refer the dispute to an official referee as arbitrator

3.7.8 Appointed as arbitrator instead of independent expert

3.7.9 Whether conduct amounts to a waiver or estoppel of objection to jurisdiction

3.7.10 The arbitrator has serious doubts about his jurisdiction

3.7.11 Arbitrator’s jurisdiction limited strictly to terms of arbitration agree-ment

3.8 Loss of documents

3.8.1 Loss or destruction of arbitrator’s notes following conclusion of hearing and before award

3.8.2 Arbitrator’s notes destroyed in car accident during hearing

3.9 Mistake by

3.9.1 Arbitrator accused of making a mistake in reasoning

3.10 Non-impartiality of

3.10.1 Arbitrator’s personal knowledge of one party

3.10.2 Arbitrator’s close personal connection with parties’ witnesses

3.10.3 Party to arbitration seeks to have arbitration award set aside because of arbitrator’s previous professional relationship with other party

3.10.4 Arbitrator discovers that his partner has previously acted for the claimant

3.10.5 Arbitrator enquires of health of one party and is accused of bias

3.10.6 Friend of arbitrator appointed as expert

3.10.7 Arbitrator accused of bias towards a party’s advocate

3.11 Note taking

3.11.1 General guidance

3.11.2 Shorthand writer unable to take note

3.12 Own knowledge, use of

3.12.1 Arbitrator holds contrary view to experts—how far can he use his own knowledge?

3.12.2 Arbitrator’s personal knowledge of a recent relevant rent agreement

3.12.3 Where arbitrator’s special knowledge not able to be used

3.12.4 Arbitrator’s personal knowledge of the facts in dispute

3.12.5 Caution exercised by an arbitrator in using his own knowledge and experience

3.12.6 Important to make parties aware of what is in the arbitrator’s mind

3.12.7 The arbitrator has received written closing submissions but neither party has addressed a legal issue which the arbitrator considers is relevant

3.12.8 Arbitrator—own knowledge in ex parte hearing

3.13 Post award involvement

3.13.1 Successful party claims award does not cover all issues referred to arbitration

3.14 Powers of

3.14.1 Can an arbitrator’s decision on an interlocutory matter be challenged successfully?

3.14.2 Power of an arbitrator to strike out case for want of prosecution

3.14.3 Consideration to take into account in striking out for want of prosecution

3.14.4 Respondent applies to arbitrator to strike out the claimant’s claim for want of prosecution

3.15 Removal of

3.15.1 Respondent seeks removal of arbitrator on grounds of bias and alleges that the arbitrator ignored a legal point

3.15.2 Parties wish to remove arbitrator

Appendix "A"—Model Revocation Agreement

Appendix "B"—New Agreement

3.15.3 One party dissatisfied with arbitrator

3.15.4 Respondent seeks removal of arbitrator on grounds of lack of impar-tiality

3.15.5 Is arbitrator’s shareholding in company associated with one party a ground for removal for misconduct?

3.15.6 Arbitrator has connection with one of the parties

3.16 Resignation

3.16.1 Arbitrator resigns and parties hold him responsible for costs thrown away

Appendix "A"—Model Agreement with Arbitrator on his resignation

3.16.2 Three arbitrator tribunal.Resignation of one arbitrator at beginning of hearing.Is termination of hearing and/or the proceedings inevitable?

4 AWARD

4.1 Action on

4.1.1 What effect has an arbitrator’s award on subsequent High Court proceedings?

4.1.2 Effectiveness of an award in a "name borrowing" arbitration

Appendix "A"—Model of a "Name Borrowing" Agreement

4.2 Appeal from

4.2.1 Parties rights of appeal from award

4.2.2 Where court will order further reasons

4.2.3 Award appealed on ground that the arbitrator failed to state reasons in sufficient detail

4.3 Consent

4.3.1 Ensure that terms of settlement in consent award are within arbitrator’s jurisdiction

Appendix "A"—Typical Consent Award

4.3.2 Arbitrator requested to countersign consent award the terms of which caused him anxiety

4.3.3 Arbitrator receives terms of settlement which appear to be ambiguous

4.3.4 Disagreement as to terms of settlement

4.3.5 Disagreement between the parties as to whether the dispute has been settled

4.4 Enforcement

4.4.1 Following an award in favour of the claimant the respondent goes to ground

4.4.2 Where award unenforceable without post dispute agreement with "consumer"

4.4.3 Enforcement of award out of time

4.5 Errors—in or on the face of

4.5.1 Generally where an arbitrator can correct errors and where he cannot

4.5.2 Claimant alleges fact on face of award shows arbitrator to have made an error of computation

4.5.3 Arbitrator’s interim award fails to deal with two substantive Points of Claim and awards a sum for liquidated and ascertained damages which, by common agreement, is incorrect

4.5.4 Arbitrator admits inadmissible evidence

4.5.5 When an error on the face of the award justifies giving leave to appeal

4.5.6 Power of the arbitrator to correct error in award caused through misunderstanding over offer to settle

4.5.7 Arbitrator erroneously double-counted an item in making award

Appendix "A"—Typical Corrective notice

4.6 Example of

4.6.1 What form should the award take?

4.6.2 Arbitrator’s award on disregarding tenant’s improvements in rent review

4.7 Interim

4.7.1 Power to make interim award

4.7.2 Application for interim award in respect of costs of interlocutory proceedings

4.7.3 Award "Final Save as to Taxation of Costs"

4.7.4 When an arbitrator should not have published an Interim Award

4.7.5 Where an interim award may not be Final

4.8 Reasoned

4.8.1 What is a reasoned award and when should it be given?

4.8.2 The arbitrator’s approach to writing a reasoned award

4.8.3 Unrepresented party not clear whether they want reasons or not

4.8.4 In a pre-AA ’96 Act reference an unrepresented party requests reasons after award is published

4.8.5 Party requests retrospective reasons after award

4.8.6 Request for reasons, not particularised

4.8.7 Request for "open" reasons

4.8.8 Where an arbitrator fails to give further reasons even though ordered to do so by the court

4.8.9 Extent to which reasons should be given for factual findings in a rent review dispute

4.8.10 When parties do not require a reasoned award

Appendix "A"—Typical Agreement to dispense with reasons—s.52(1)

4.9 Remitted

4.9.1 Award remitted following procedural mishap

4.9.2 Power of the arbitrator on remission of award

4.9.3 Is the court’s jurisdiction to remit award under s.22 AA ’50 (s.68(3) AA’96) unlimited?

4.10 Specific performance

4.10.1 Arbitrator requested to award specific performance

4.11 Timing of

4.11.1 Arbitrator’s award in danger of being published after statutory time limit

4.11.2 Where an arbitrator takes an inordinate time to make his award following the conclusion of the hearing

4.12 Weighing the evidence

4.12.1 How to weight the evidence when drafting an award

5 CAUSE OF ACTION

5.1 Accrual of

5.1.1 Dispute between parties concerning accrual of cause of action

5.2 Replaced by award

5.2.1 When the cause of action is widened after reference and subsequently replaced by award

6 CLAIM DEFENCE AND COUNTERCLAIM

6.1 Claim—hopeless

6.1.1 Points of claim indicate a hopeless case

6.1.2 Claimant submits what may be a spurious claim

6.2 Defence—hopeless

6.2.1 It becomes apparent at preliminary meeting that respondent has very poor defence

6.3 Counterclaim—right to mount

6.3.1 Impoverished respondent seeks to mount counterclaim

7 COMMON LAW ARBITRATIONS

7.1 Common Law Arbitrations

7.1.1 Arbitration clause incorporated by reference averred to be invalid

7.1.2 Arbitrator requested to make a peremptory order

7.1.3 One party seeks to revoke the arbitrator’s appointment

8 CONTRACT

8.1 Is there a written?

8.1.1 Doubt raised as to whether a written contract exists or not

Appendix "A"—Typical "ad hoc" written arbitration agreement

8.2 Existence of

8.2.1 Dispute as to the existence of a contract

8.3 Not signed

8.3.1 Work executed under contract not signed

8.4 Wrong, cited in pleadings

8.4.1 Appointment made under one contract but Points of Claim refer to a different contract

9 COSTS

9.1 Generally

9.1.1 Award does not cover costs

9.1.2 Arbitrator must act judicially in deciding costs

9.1.3 Where one party alleges that the arbitrator has not excercised his discretion judicially in dealing with costs

9.1.4 Parties fail to address the arbitrator on costs before close of hearing

9.1.5 Who should get costs if a Point of Claim is withdrawn before hearing commences?

9.2 Power to deal with

9.2.1 Where does the arbitrator’s power come from?

9.2.2 Parties request arbitrator to give an informal indication on costs

9.2.3 Where one party wishes to defer determination of costs

9.3 What costs?

9.3.1 Costs of the reference and costs of the award

9.3.2 How to deal with court costs in arbitration

9.3.3 Can an arbitrator deal with the court costs of determining a preliminary point of law

9.3.4 Application for costs of matters pleaded and subsequently admitted

9.4 Follow the event

9.4.1 What is the event?

9.4.2 Identity of the successful party

9.5 Unusual award as to

9.5.1 When the arbitrator is minded to depart from the usual rule of "costs follow the event"

9.5.2 Claimant awarded part of claim but directed to bear own costs and pay substantial element of the respondent’s costs.

9.5.3 When costs do not "follow the event"

9.6 Interlocutory directions

9.6.1 Generally

9.6.2 Why an arbitrator should not link a cost order to the right to serve a pleading

9.6.3 What happens to interlocutory costs orders when an award is appealed?

9.6.4 When interlocutory costs are paid in any event by the party who is subsequently successful in the action and is awarded costs

9.7 Costs—of a lay representative

9.7.1 Power to award costs of party where represented by a non-practising lawyer or other unqualified person

9.8 Agreement between the parties as to costs

9.8.1 Whether an agreement between the parties that they bear their own costs is valid

9.8.2 Claimant who accepts the respondent’s offer to settle in the terms of an agreed settlement subsequently applies to the arbitrator for an order for costs

9.8.3 Parties agree settlement terms but fail to include arbitrator’s fee

9.9 Where there is a counterclaim

9.9.1 What now is the event?

9.9.2 Costs where the claimant wins the claim but loses the counterclaim

9.10 Where there are offers to settle

9.10.1 The effect of a "sealed offer" on costs

9.10.2 Rent review costs, close Calderbank offers, discretion acting judicially

9.10.3 The effect of a change of pleadings upon an offer to settle

9.10.4 The reasonableness of refusing an offer in a multi-party action

9.10.5 Offers where there is a claim and a counterclaim

9.10.6 Where there is an offer and a counter-offer

9.10.7 Relevance of offer, counter-offer and withdrawal of offer in exercising discretion as to costs

9.10.8 Where doubt exists over the event for which both a sealed and an "open" offer received

9.11 Applications to court

9.11.1 How binding is a party’s standard terms to limit his costs?

9.11.2 The arbitrator fails to make an award as to costs

9.11.3 Appeal against an unusual award as to costs

9.11.4 How the court can assist where one party claims that the arbitrator’s fees appear to be excessive

9.11.5 Arbitrator refuses to deliver award until fees are paid

9.12 Security for the parties’ costs

9.12.1 Power of arbitrator to order security for costs

Appendix "A"—Typical "ad hoc" Arbitration Agreement

9.12.2 What factors should an arbitrator take into account when deciding whether or not to exercise his discretion to order security for a party’s costs?

9.12.3 Security for costs in a "documents only" arbitration

9.12.4 Security for costs under rules

9.12.5 The procedure the arbitrator should follow in dealing with security for parties’ costs

Appendix "A"—Typical direction for procedure for dealing with security for costs application

9.12.6 The claimant fails to comply with the arbitrator’s direction for affidavit evidence

9.12.7 The criteria the arbitrator should apply in deciding whether to order security and, if so, how much and in what form?

Appendix "A"—Typical direction ordering security for costs

9.12.8 The respondent makes an application to increase security previously ordered

Appendix "A"—Typical direction ordering an increase in security for costs previously awarded

9.12.9 How to deal with a security for costs application where either party could be the claimaint

9.12.10 Can an arbitrator consider sealed offers when considering a security for costs application?

9.12.11 Where a party fails to comply with an arbitrator’s order for security

9.12.12 When the costs of a security for costs application might not "follow the event"

9.12.13 What to do with money put up as security for costs

9.13 Recoverable costs

9.13.1 Arbitrator asked to exercise power to cap costs

Appendix "A"—Typical order for directions for limiting the parties’ recoverable costs—s.65 AA ’96

9.13.2 An arbitrator decides to exercise his discretion to tax the parties’ costs

9.13.3 Parties cannot agree on the form of Bill for arbitrator’s settlement of costs

Appendix "A"—Typical direction for Settlement of Costs

9.13.4 Procedure to follow where arbitrator to tax the parties’ costs

9.13.5 Procedure to follow where arbitrator is to determine the parties’ recoverable costs

10 DAMAGES

10.1 Assessment of

10.1.1 Generally

10.1.2 How to decide when a party is liable for damages

Appendix "A"—Flow chart showing how to analyse a Point of Claim or counterclaim

10.1.3 Where damages assessed on same basis in contract as in tort

10.1.4 Damages claimed for defective work executed some years before

10.1.5 Measure of damages where there is a third party settlement

10.2 Quantum of

10.2.1 Liquidated damages linked to sectional completion and whether notice is a condition precedent to deducting them

10.2.2 When employer wrongfully repudiates contract

10.2.3 Loss and expense claims clarified

10.3 For distress and inconvenience

10.3.1 Power to award general damages in building cases

11 DECLARATORY RELIEF

11.1 Arbitrator’s power to award

11.1.1 Arbitrator’s power to make a declaratory award

12 DIRECTIONS

12.1 General

12.1.1 The arbitrator’s power to give directions

12.1.2 Typical direction concerning the preliminary meeting

Appendix "A"—Typical letter to parties re appointment and checklist for preliminary meeting

Appendix "B"—Typical Order for directions confirming date,time and venue for Preliminary Meeting

Appendix "C"—Typical agenda for a preliminary meeting under JCT Arbi-tration Rules

Appendix "D"—Typical Direction following preliminary meeting—JCT Arbi-tration Rules

12.2 Interlocutory

12.2.1 Extending time for service of party’s statement

Appendix "A"—Direction extending time for service of statement

12.2.2 Amendment of a party’s statement

Appendix "A"—Direction consenting to request to amend pleadings

12.2.3 Notice under the Civil Evidence Act 1995

Appendix "A"—Typical direction covering notice under the Civil Evidence Act 1995

12.2.4 When a pre-hearing review should be held

Appendix "A"—Typical Direction convening a pre-hearing review meeting

Appendix "B"—Typical agenda for pre-hearing review meeting

Appendix "C"—Typical Direction following pre-hearing review meeting—post AA ’96

12.2.5 Arbitrator not bound to give reasons for interlocutory directions and court cannot review or revise them

12.2.6 Arbitrator not obliged to give reason for interlocutory decisions but does so voluntarily

12.2.7 Loss and expense claim in construction contract—when and to what extent should the arbitrator order fully particularised details of his claim?

12.3 Arbitrator’s, non-compliance with

12.3.1 Generally

12.3.2 Failure to serve claim as directed

Appendix "A"—Peremptory Order following failure to serve a statement of case

12.3.3 Failure to serve Defence as directed

12.3.4 Failure by a party to reply to a request for Further and Better Particulars

Appendix "A"—Typical Direction following failure to comply with a request for Further and Better Particulars

12.3.5 Failure of party to comply with Direction for Specific Discovery

Appendix "A"—Typical Peremptory Order for Specific Discovery

12.3.6 Unless Order re failure to serve witness statements

Appendix "A"—Typical Unless Order following failure to serve witness statements

12.3.7 Respondent refuses to waste his time defending a sham claim

Appendix "A"—Typical Direction warning of possible ex parte hearing

12.4 Amendment of

12.4.1 Application to amend an arbitrators direction which was made without prior discussion with the parties

13 DOCUMENTS

13.1 Authenticity distinguished from admissibility

13.1.1 How to determine authenticity of possibly admissible evidence

13.2 Discovery of

13.2.1 Restricted discovery during determination of preliminary issue

13.2.2 Request by parties for early discovery

13.2.3 In a large and complex case claimant requested the arbitrator to order the respondent to swear an affidavit that all relevant papers had been discovered

13.2.4 Unreasonably wide request for discovery

13.2.5 Arbitrator takes independent legal advice on order for discoverY

Appendix "A"—Typical Order for Directions for Discovery of Documents

13.2.6 Specific Discovery

Appendix "A"—Typical Order for Directions for Specific Discovery

13.2.7 Very late request for further discovery

13.2.8 Application for discovery during the course of the hearing

13.2.9 Court no longer has power to order discovery in arbitration

13.2.10 How far does discovery need to go on computer disks?

13.2.11 The extent to which discovery should be ordered by the arbitrator

13.2.12 The restriction on documents obtained in discovery

13.2.13 Does a party have to disclose all copies of a particular document following an order for discovery

13.3 Inspection of

13.3.1 Documents destroyed, therefore not available for inspection

13.4 Only

13.4.1 Arbitrator requires further submissions in order to determine the dispute

13.4.2 Privileged document accidentally included and essential document omitted

13.4.3 A brief preliminary meeting with the parties in "documents only" arbitration sometimes bears fruit

Appendix "A"—Typical request for written answers to questions

13.4.4 Whether an arbitrator should admit a further submission after close of Pleadings?

13.4.5 How to react to a third party’s attempted interference with a reference

13.4.6 Where documents contain a claim which arises following the application to refer

13.4.7 Where burden of proof can shift to the respondent

13.4.8 Where a similar fact evidence might be admissible in a "documents only" arbitration

13.4.9 Following an award the unrepresented claimant accuses the arbitrator of failing to note crucial evidence

13.4.10 Should an arbitrator order a claimant to provide security for costs in a "documents only" reference?

13.4.11 When an arbitrator had to seek counsel’s opinion on how far he could go in seeking clarification of a party’s statement in a "documents only" arbitration

13.4.12 Where it is desirable, or necessary, to switch from a "documents only" procedure to an oral hearing

13.4.13 Model Award

Appendix "A" Model Award

13.5 Production of

13.5.1 Introduction at hearing of documents not previously referred to

13.6 Reading of

13.6.1 Extent to which the arbitrator should read the hearing bundle

13.7 Statements in

13.7.1 Arbitrator received confidential document from claimant complaining of respondent

14 EVIDENCE

14.1 Admissibility of

14.1.1 Generally—Arbitrator must admit all admissible evidence

14.1.2 Is evidence from another unrelated dispute admissible in the subject dispute?

14.1.3 Where the maker of a statement which a party wishes to put in evidence has to be called, even if no formal notice given by the opposing party

14.1.4 Power of arbitrator to limit admissible evidence

14.1.5 Admissibility of unsigned witness statements where party evinces an intention of taking no further part in the proceedings

14.1.6 Admissibility of documents inadvertently missed in discovery

14.1.7 The effect of s.34(2)(f) AA ’96 (Evidence—admissibility, relevance and weight) in rent review arbitrations

14.2 Estoppel

14.2.1 Cause of action estoppel defence may not always apply

14.2.2 Whether issue estoppel can be successfully pleaded

14.2.3 A party seeks to estop the other party from re-opening, with the arbitrator, an issue on which he asserts previous agreement was reached

14.3 Expert

14.3.1 Generally

14.3.2 One party appoints an expert, the other party fails to do so

14.3.3 Expert appointed by the arbitrator

Appendix "A"—Standard direction on expert evidence

14.3.4 Using a second expert witness

14.3.5 Admissibility of expert evidence

14.3.6 Whether the arbitrator has power to order the disclosure of an expert’s report

14.3.7 Expert witness dies just before the hearing

14.3.8 Distinguishing between evidence of witnesses of fact and expert witnesses

14.3.9 Expert evidence in complete contradiction

14.3.10 Expert witnesses unable to agree on any matters of fact in dispute

14.3.11 Neither expert’s evidence preferred by the arbitrator

14.3.12 Party prompts own expert while giving evidence

14.3.13 Problem of hearing expert evidence on lengthy Scott Schedule

14.3.14 The respondent makes an application during the hearing to have his key witness of fact called as an expert

14.3.15 An ex-employee wishes to appear as an expert witness for the party who previously employed him

14.3.16 Expert did not produce his own backup material

14.3.17 Expert deviates from his report and argues merits of his party’s case

14.3.18 Expert omits to deal with material facts

14.3.19 Determination—taxation of incompetent expert’s costs

14.3.20 Expert is clearly partisan

14.3.21 Expert evidence contradicts evidence that the expert gave in a previous arbitration

14.3.22 An expert includes evidence in his report from another expert

14.3.23 The tribunal appointed expert

Appendix "A"—Typical alternative agenda items for the option of a tribunal appointed expert

14.4 Fresh

14.4.1 Arbitrator’s failure to consider fresh evidence before publishing award in "documents only" reference

14.4.2 Party attempts to admit fresh evidence after conclusion of hearing but before award

14.4.3 Party submits fresh evidence to the arbitrator after publication of his nal award

14.4.4 Party no opportunity of making submission to arbitrator on fresh evidence after hearing the facts

14.4.5 After granting an adjournment request to the claimant to seek legal advice on a fresh point, the claimant fails to make any further written submissions

14.5 Hearing

14.5.1 A key witness who cannot be available for the hearing seeks to give evidence to the arbitrator in the absence of the other party

14.5.2 Arbitrator receives evidence in absence of both parties

14.5.3 Arbitrator determines dispute without hearing either party

14.5.4 The admissibility of documents into an "ex parte" hearing not previously discovered

14.5.5 Witness’s evidence varies from his written proof

14.6 Hearsay

14.6.1 Generally, What is hearsay evidence?

14.6.2 Hearsay evidence is now, prima facie, admissible unless parties agree that the strict rules of evidence are to apply

14.6.3 Claimant requests consent to refer to a letter rather than calling the writer

14.7 Privilege

14.7.1 A claim of legal professional privilege

14.7.2 Litigation privilege and non-practising legally qualified advisers

14.7.3 What "privilege" can be claimed by non-legally qualified advisers?

14.7.4 Privilege in rent review arbitrations

14.7.5 Privileged material referred to at a preliminary meeting

14.7.6 Refusal to disclose confidential documents

14.7.7 Argument adduced at hearing from a privileged document

14.7.8 Where a "without prejudice" offer may not be privileged

14.7.9 Deliberate disclosure of a "without prejudice" letter to the arbitrator?

14.7.10 Public interest claimed as privilege

14.8 Proofs of

14.8.1 Party’s counsel objects to exchange of proofs of evidence

14.8.2 How exchanged statements of witnesses of fact may be used at a hearing

14.8.3 Parties ordered to exchange witnesses’ proofs of evidence； one party fails to do so

Appendix "A"—Unless Order—Order for Directions

14.8.4 Parties ordered to exchange witnesses’ proofs of evidence.One party fails to do so, even after threat of debarment

Appendix "A"—Unless Order—Order for Directions No 19

14.9 Relevant

14.9.1 Distinction between relevance and weight

14.9.2 Claimant fails to deal with what the arbitrator considers is relevant point

14.9.3 Counsel questions relevance of tenant’s accounts in rent review dispute

14.10 Similar fact

14.10.1 Application for discovery of similar fact evidence

15 EXPERT DETERMINATION

15.1 Expert determination

1.1 Whether person is appointed as an arbitrator or an independent expert?

1.2 When can a determination by an expert be successfully challenged?

1.3 Independent expert or arbitrator?

1.4 The independent expert not bound to act judicially

1.5 Determination in the absence of a dispute

1.6 Can an independent expert unilaterally decide to determine a preliminary issue?

1.7 Should an independent expert give reasons for his determination?

16 FEES

16.1 Generally

16.1.1 Generally

Appendix "A"—Arbitrator’s Terms

Appendix "B"—Time Sheet

Appendix "B"—Expense Sheet

Appendix "C"—Typical Fee Statement

16.2 Non agreement of

16.2.1 One party agrees to arbitrator’s fees, the other does not

16.2.2 Neither party responds to arbitrator’s request to sign terms； the arbitrator subsequently seeks a commitment fee

16.2.3 Party considers arbitrator’s fees too high

16.2.4 Fees—How does the party with liability to pay the Arbitrator’s Fees challenge the amount of such fees when they have already been paid by the other party?

16.3 Non payment of

16.3.1 Parties agree arbitrator’s terms at preliminary meeting but fail to return them signed.They also fail to pay interim fees subsequently requested

16.3.2 Cheque for interim fees is not honoured

16.3.3 A hearing becomes protracted and runs considerably over the time set aside by the arbitrator； consequently he finds himself considerably exposed for fees outstanding which he may not recover for several months

16.3.4 Payment of arbitrator’s out-of-pocket expenses

16.3.5 One party offers to pay half of the arbitrator’s fees only on collection of award

16.3.6 Arbitrator publishes award and parties do not collect

16.3.7 Parties settle, but make no agreement concerning the arbitrator’s fees and neither accepts liability for them

Appendix "A"—Typical points of claim

16.4 Arbitrators, security for

16.4.1 Generally

16.4.2 Failure by one or both parties to comply with a direction of the arbitrator to provide security for his fees and expenses

Appendix "A"—Typical Direction for procedure for dealing with the arbi-trator’s security for costs

Appendix "B"—Typical Peremptory Order following failure to provide security when directed

16.4.3 What to do with a substantial sum lodged with the arbitrator as security for his costs

16.4.4 Arbitrator, anticipating ex parte hearing, sets level of security for his fees and expenses.Respondent unexpectedly turns up.Claimant insists that respondent be directed to pay a moiety of the security

16.4.5 Hearing adjourned on application of respondent.Under circumstances,claimant asks arbitrator to direct that respondent put up some security for arbitrator’s fees and expenses—all previously provided by the claimant.Arbitrator so directs.Respondent does not comply

16.4.6 Security for arbitrator’s fees after company put into liquidation

17 HEARING

17.1 Adjournment of

17.1.1 Parties jointly request adjournment of hearing

17.1.2 A hearing is set and one or both parties fail to turn up

17.1.3 Adjournment requested to consider supplementary expert’s report

17.2 Agreed bundle

17.2.1 No agreed bundle delivered to the arbitrator

17.2.2 Parties fail to prepare agreed bundle and produce their own

17.3 Evidence

17.3.1 When relaxation of strict rules of evidence is permissible

17.3.2 Counsel constantly objects to leading questions

17.4 Interventions

17.4.1 Arbitrator stops counsel after long-winded submission

17.4.2 When it is permissible for an arbitrator to interrupt counsel

17.4.3 Arbitrator interrupts counsel indicating his acceptance of point being made

17.5 Order of

17.5.1 Respondent seeks to interpose his expert earlier into the hearing

17.6 Party’s right to be present throughout

17.6.1 Respondent consistently rude to the arbitrator

17.6.2 Arbitrator excludes objectionable party

17.7 Postponement of

17.7.1 Postponement requested due to non-availability of Counsel

17.7.2 Respondent wishes to postpone start of hearing

17.8 Presence of a stranger

17.8.1 Attendance of person not involved in dispute

17.8.2 Confidentiality of arbitral proceedings

17.9 Right to have

17.9.1 One party wants to have oral hearing the other wants "documents only"

17.10 Speed of progress at

17.10.1 Arbitrator controls speed of progress at hearing

17.11 Unequal representation at

17.11.1 Unequal representation at hearing

18 INJUNCTION

18.1 Arbitrator’s power to grant

18.1.1 Employer requests the arbitrator to grant an interim injunction against an obstructive contractor

18.1.2 Power of the court

19 INSPECTION

19.1 Arbitrator’s power to order

19.1.1 Whether arbitrator has power to order inspection of property which is the subject of the reference

19.1.2 Arbitrator wishes to inspect a model of the property which is the subject of the reference

19.1.3 When an arbitrator should inspect the property subject of the dispute

19.2 Difficulties arising from

19.2.1 Requirement to inspect frustrated by claimant

19.2.2 One party requests arbitrator to inspect property： the other party objects so the arbitrator offers to use the visit to take evidence

19.2.3 Respondent ignores all arbitrator’s directions and subsequently denies access for arbitrator’s inspection

19.3 Rights of parties at

19.3.1 The rights of parties at an inspection compared with rights at the hearing itself

20 INTEREST

20.1 General and special damages

20.1.1 Whether the arbitrator has power to award interest by way of general damages for late payment of debt

20.2 Special damages

20.2.1 Interest incurred as a direct loss and/or expense or as special damages

20.3 Discretion under AA ’96

20.3.1 How s.49 AA ’96 has changed the arbitrator’s discretion to award interest under s.19A AA ’50

20.3.2 Whether there is a contrict between the arbitrator’s discretion under s.49 AA ’96 and a contractual right to interest?

20.4 Finance charges

20.4.1 Whether finance charges are a recoverable head of damage in a claim for direct loss and/or expense and whether such can be validly claimed on a compound interest basis

20.5 Sums due and unpaid, on

20.5.1 Whether the arbitrator has power to award interest on sums paid late but before the arbitration commences

20.5.2 Whether the arbitrator has power to award interest on sums found by him to be under-certified

20.5.3 The distinction between mere counterclaims and counterclaims which also constitute defences of abatement or set off

20.6 Not pleaded

20.6.1 Neither party claims interest

20.7 Where there is an offer to settle

20.7.1 Where interest can have a significant effect

21 SERIOUS IRREGULARITY

21.1 Serious irregularity—misconduct

21.1.1 Generally

21.1.2 Thomasina researches cases of "Misconduct"

21.1.3 Cases of "Misconduct" in Construction Cases

21.1.4 Cases of "Misconduct" in Rent Review Cases

21.2 Serious irregularity—failure by the tribunal to comply with s.33 and resulting in s.24 sanctions

21.2.1 Failure to disclose documents to both sides； admissibility of evidence

21.2.2 Whether to refuse adjournment could be said to be not properly conducting the proceedings

21.2.3 Arbitrator comes to view contrary to evidence adduced before him

21.2.4 Arbitrator fails to deal with interest； is this a serious irregularity?

21.2.5 When an injudicious remark of the arbitrator can amount to misconduct

21.3 Serious irregularity—challenging the award

21.3.1 Failure by the tribunal to comply with s.33 (general duty of tribunal) (s.68(2)(a))

21.3.2 Arbitrator exceeds his powers by giving order for general discovery when the rules permit only specific discovery (s.68(2)(b))

21.3.3 Failure by the arbitrator to conduct the proceedings in accordance with the procedure agreed by the parties (s.68(2)(c))

21.3.4 Failure by the tribunal to deal with all the issues that were put to it (s.68(2)(d))

21.3.5 Uncertainty or ambiguity as to the effect of the award (s.68(2)(f))

21.3.6 An award is obtained by fraud (s.68(2)(g))

21.3.7 An award is made without being dated or stating the seat of the arbitration in contravention to s.68(2)(h) AA ’96

21.3.8 An arbitrator admits to an irregularity in the award (s.68(2)(i) AA ’96)

21.4 Misconduct—immunity from suit

21.4.1 Of the arbitrator

21.4.2 Of the Appointing Body

22 OATH

22.1 Taking of

22.1.1 Difficulty arises at hearing over form of sacred book

22.1.2 Witness privately prompted by his advocate whilst still under oath

22.1.3 Witness clearly lying under oath

23 OFFER TO SETTLE

23.1 Open

23.1.1 Arbitrator sent a copy of an "open" offer

23.1.2 Should an open offer attract interest?

23.2 Sealed

23.2.1 Arbitrator asks parties if a sealed offer has been made

23.2.2 Existence of "secret" offer disclosed to arbitrator

23.2.3 Failure to disclose the existence of a sealed offer before award

23.3 Treatment of costs when

23.3.1 When the sealed offer exceeds the net amount awarded

23.4 Without prejudice

23.4.1 Disclosure of "without prejudice" offer

23.4.2 Arbitrator sent a copy of a "without prejudice" offer

24 PARTIES

24.1 Assignment of claim

24.1.1 Receiver of claimant company assigns to a third party right to arbitrate a dispute

24.2 Bankruptcy of

24.2.1 Party is put into bankruptcy during arbitration

24.3 Death of

24.3.1 Party dies during reference

24.4 Disputes as to

24.4.1 When the claimant believes that there are joint respondents and the respondent avers that there is a third party to the contract which the claimant denies

24.5 Illness of

24.5.1 Party requests indefinite deferment due to illness

24.6 Liquidation of

24.6.1 Power of arbitrator to proceed when party put into compulsory liquidation

24.6.2 Party in liquidation； original assignor’s right to arbitration

24.6.3 Claimant goes into creditors’ voluntary liquidation during reference

24.7 Loss of confidence in arbitrator

24.7.1 During a hearing a party loses confidence in ability of the arbitrator to grasp satisfactorily the problems being arbitrated

24.8 Personal contacts with

24.8.1 Arbitrator found to have regular contact with one party

24.9 Receivership, in

24.9.1 Party put into receivership during arbitration

24.10 Reluctant respondent

24.10.1 Respondent fails to acknowledge arbitrator’s letters

24.10.2 Respondent persistently fails to comply with arbitrator’s directions

24.10.3 Respondent engaged in delaying tactics

24.11 In repudiatory breach

24.11.1 When a respondent seeks a declaration that the claimant has repudi-ated the Arbitration Agreement

24.12 Impecuniosity of

24.12.1 The respondent (counter-claimant) admits to being totally out of funds

24.13 Role reversal

24.13.1 Respondent becomes claimant

24.13.2 Tenant avers that he, not the landlord, should be the claimant

24.14 Written Agreement, of

24.14.1 One party attempts to resile from an earlier agreement

25 POINTS OF LAW

25.1 Preliminary issue on

25.1.1 Preliminary issue of point of law

25.1.2 Party asks arbitrator to apply to the High Court to determine point of law

25.1.3 Arbitrator faces difficult legal argument

25.1.4 Where an arbitrator may be aware of legal authority not cited by either side

25.1.5 Duty of counsel when a difficult point of law arises

25.1.6 Where no authority cited in support of legal contentions

25.1.7 Landlord avers a typing error in the notice of review, which the tenant has signed and returned

25.1.8 Differing interpretations arise out of a rent review clause

25.1.9 Arbitrator to assess level of rent on review for full repairing and insuring lease subject to schedule of conditions left blank

26 PLEADINGS

26.1 Statements of claim and defence

26.1.1 Formal pleadings or statement of case?

26.2 Amendment of

26.2.1 Generally

Appendix "A"—Typical Order for Directions granting an application to amend Pleadings

26.2.2 Late amendment of pleading necessary to include counterclaim

26.2.3 Claimant requests amendment of pleadings during hearing

26.2.4 Late request to cover continuing loss of pleaded item

26.3 Fraud in

26.3.1 Suggestion of fraud in pleadings

26.4 Further and better particulars

26.4.1 Generally

Appendix "A"—Typical requests for Further and Better Particulars of defence and counterclaim

Appendix "B"—Unless order in respect of failure to reply to Further and Better Particulars

26.4.2 How to deal with requests for Particulars to which the asking party declines to reply

26.5 Late service of

26.5.1 Extending the timetable for service of pleadings

26.6 Not properly particularised

26.6.1 Claim in pleadings in "global" terms

26.6.2 Arbitrator directs how inadequate pleadings should be remedied

26.6.3 Questions put to the parties

Appendix "A"—Typical Order re Notice to Admit Facts

Appendix "B"—Re typical request for Interrogatories (Questions from the arbitrator)

26.7 Re-service of

26.7.1 Party’s newly appointed solicitor requests consent to Re-Serve Defence and Counterclaim previously inadequately served by lay representative

Appendix "A"—Typical Direction granting the respondents application to re-serve its defence

Appendix "B"—Typical Direction seven-day notice to respondent re failure to serve defence

26.8 Without prejudice

26.8.1 Pleadings alleged to be "without prejudice"

27 PROCEEDINGS

27.1 Abandonment of reference

27.1.1 Absentee respondent, working and resident overseas, refuses to appoint representative.Claimant elects to start arbitration proceedings and subsequently claims abandonment

27.2 Conduct of

27.2.1 How the Arbitration Act 1996 has changed the approach of the parties and the arbitrator

27.2.2 The parties rule—O.K.！

27.2.3 Parties actively co-operate with the arbitrator in devising a cost-effective procedure to resolve this dispute

27.2.4 Consideration of the most cost effective procedure

27.2.5 The preliminary meeting and beyond

27.2.6 Parties disagree on form of proceedings

27.2.7 Requirement to follow agreed procedure

27.2.8 Doing something contrary to the parties’ expectations in a written representations rent review procedure

Appendix "A"—Typical opening letter to the parties

Appendix "B"—Typical follow up letter

Appendix "C"—Typical preliminary meeting agenda

Appendix "D"—Order for directions on documents only with or without a preliminary meeting

27.2.9 Wot, no preliminary meeting?

Appendix "A"—Typical letter to lay parties where arbitrator decides to dispense with preliminary meeting

Appendix "A"—List of matters which need to be covered by my directions to the parties

Appendix "B"—Typical abbreviated terms for a simple dispute with lay parties

27.3 Equitable determinations

27.3.1 Parties consider effect of adopting an equity clause

27.4 Exclusion agreements, entering into

27.4.1 Party queries effect of entering into an exclusion agreement

Appendix "A"—Typical Agreement to exclude the jurisdiction of the court ss.45(1) and 69(1)

27.4.2 Party asks if exclusion agreement applies to interim award

27.5 "Ex parte"

27.5.1 Generally—when may an arbitrator proceed "ex parte" and what principles should he observe?

27.5.2 Respondent fails to communicate with arbitrator following withdrawal of instructions from solicitor

27.5.3 The reluctant respondent’s bluff is called

27.5.4 The respondent appears, without warning, on the first day of the hearing

27.5.5 The respondent says he will not attend the hearing due to insufficient time to prepare

27.5.6 Respondent fails to appear at the hearing.The claimant attempts to introduce evidence in his absence

27.5.7 Dealing with a counterclaim and costs at an "ex parte" hearing

27.6 Proceedings—multi-party arbitrations

27.6.1 The employer seeks to commence an arbitration against a nominated subcontractor and against the main contractor in the same action

27.6.2 Application made to consolidate two arbitrations

27.6.3 The arbitrator’s power to consolidate or order concurrent hearings in related disputes

27.6.4 What alteration is necessary to normal procedures when joinder provisions are invoked?

Appendix "A"—Extract from typical Direction in joinder cases

27.6.5 When a subcontractor with a genuine dispute may find himself involved in an arbitration under the main contract and have to wait for years to receive his just entitlement

27.6.6 Difficulties and costs where separate arbitration clauses in related contacts

27.7 Stay of, overlap with litigation

27.7.1 Limitations of arbitrator’s consideration of overlapping issues when arbitration and litigation proceed in parallel

27.7.2 Concurrent proceedings—inter-relationship with court proceedings

27.7.3 Whether a court action should be stayed where a writ is issued as a pre-emptive strike before arbitration proceedings can begin?

27.7.4 When a step taken in litigation may justify a stay of arbitration proceedings

27.7.5 Refusal to operate an Arbitration Agreement—can a party go to court?

27.8 Substantive and procedural law

27.8.1 Arbitrator asked to rule on the proper law of the contract and what rules should apply to access to witnesses

28 PROPERTY

28.1 Subject of Reference

28.1.1 Claimant makes application to the arbitrator to release property,retained by the respondent, which is subject of the reference

28.1.2 Respondent threatens to sell goods which are the subject of the reference

29 RECTIFICATION

29.1 Contract, of

29.1.1 Power of arbitrator to deal with rectification of the contract

29.1.2 Power of arbitrator to order damages resulting from rectification of contract

30 REPRESENTATION

30.1 Party in Person, Assistance of

30.1.1 Right of party appearing in person to have assistance of a McKenzie friend

30.1.2 Extent to which the arbitrator assists an unrepresented party

30.2 Poor Quality

30.2.1 Counsel presenting case in incompetent fashion

30.2.2 Parties’ representatives have little or no idea of arbitration procedure

30.3 Legal

30.3.1 "Fit for Counsel"

Appendix "A"—Typical extract from Order for Directions

30.3.2 Solicitor withdraws before the hearing

30.3.3 Counsel appears at hearing without warning

31 SPECIFIC PERFORMANCE

31.1 Interim award for

31.1.1 Claimant seeks order for specific performance from unique specialist contractor

32 SUBMISSIONS

32.1 Closing

32.1.1 Advocate’s closing submissions

32.2 Copied to both sides

32.2.1 Documents received by arbitrator not sent to other side

32.3 Opening

32.3.1 Counsel’s opening submissions

33 VALUE ADDED TAX

33.1 Value added tax

33.1.1 Generally

33.1.2 The VAT position when a party settles

Appendix "A"—Agreed Minutes of Meeting between HM Customs and Excise (VAT Office) and Law Society—23 October 1991

33.1.3 The treatment of VAT and damages and "offers" to settle

34 WITNESSES

34.1 Appearing for both sides

34.1.1 Both parties wish to call same witness

34.2 Compellability to give evidence

34.2.1 Generally

34.2.2 Witness called by claimant refuses to attend hearing.Respondent alleges that this witness is central to his case

34.3 Illness of

34.3.1 Persistent interruptions to hearing through witness’s incapacity

34.4 Leading questions and prompting witness

34.4.1 When leading questions should be allowed and when prompting a witness is unacceptable

34.5 Hostile/objectionable behaviour

34.5.1 When a witness’s behaviour in giving evidence becomes unacceptable

34.6 Order of

34.6.1 Counsel requests that expert be called before witnesses of fact

34.7 Perjury, committed by

34.7.1 Witness clearly lying under oath and solicitors’ duty to ensure the truth of witness statements

34.8 Proof of evidence

34.8.1 Generally

34.9 Question, refusal to answer

34.9.1 Witness who previously agreed to give evidence now refuses to do so

35 APPEALS TO COURT

35.1 Power of court to extend time for beginning arbitral proceedings

35.1.1 Generally

35.2 Determination of preliminary point of jurisdiction

35.2.1 Generally

35.2.2 Challenging an arbitrator’s jurisdiction—ss.32 and 73 AA ’96

35.3 Challenging the award jurisdiction

35.3.1 Generally

35.3.2 Arbitrator awards a longer extension of time than is asked for—s.68(1) and (2) AA ’96

35.4 Determination of preliminary point of law

35.4.1 Generally

35.4.2 Preliminary issue—the arbitrator’s powers—ss.45 and 34

35.5 On point of law

35.5.1 Is the appeal within the time limits set down in the Act?

35.5.2 Where the appeal is out of time

35.5.3 Generally

35.5.4 Appealing on a point of law

35.5.5 Limitations on application to the court—s.70(2)(b)

35.5.6 Parties pre-consent to appeal

35.5.7 The court’s discretion to grant leave to appeal in respect of a question of law not argued before the arbitrator

35.5.8 Party seeks leave to appeal to the Court of Appeal on decision of the High Court

APPENDIX 1—STATUTES

1.1 Arbitration Act 1950

1.2 Arbitration Act 1975

1.3 Arbitration Act 1979

1.4 Arbitration Act 1996

1.5 Civil Evidence Act 1968

1.6 Civil Evidence Act 1972

1.7 Civil Evidence Act 1995

1.8 Agricultural Holdings Act 1986

1.9 Agricultural Tenancies Act 1995

APPENDIX 2—RULES OF THE SUPREME COURT 1997

APPENDIX 3—DISPUTE RESOLUTION

3.1 CIArb Arbitration Rules (1988)

3.2 CIArb Short Form Arbitration Rules 1991

3.3 CIArb Guidelines for Supervised Settlement Procedure (1990 Edition)

3.4 CIArb New Consumer Dispute Resolution Scheme

3.5 CIArb Standard Consumer Arbitration Scheme Guidance Notes for the Parties

3.6 Arbitration Scheme for the Association of British Travel Agents

3.7 Schedule of Administered Schemes

3.8 Guidelines of Good Practice for Arbitrators

3.9 The LMAA Terms (1997)

3.10 The LMAA Small Claims Procedure (1994)

3.11 The LMAA FALCA Rules (1996) (Fast and Low Cost Arbitration)

3.12 FOSFA Rules of Arbitration and Appeal 1990

3.13 GAFTA Arbitration Rules No.125

3.14 Draft ICC Rules 1997

3.15 Draft New LCIA Rules 1997

3.16 The JCT Arbitration Rules (18 July 1988)

3.17 Draft Proposed Amended JCT Rules 1997

3.18 JCT Contracts, Sub-Contracts and Arbitration Rules—Note to Users

3.19 The Royal Institution of Chartered Surveyors： Appointment of arbitrators and independent experts, particularly in commercial property rent review disputes—policy statement on alleged conflicts of interest

3.20 Institution of Civil Engineers’ Arbitration Procedure (1997)

3.21 The Construction Industry Model Arbitration (CIMA) Rules

Index