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Power to the arbitrator

Article Abstract:

The UK government has been forced to make changes to the Arbitration Act 1996 in order to avoid being brought before the European Court for failing to comply with Articles 6 and 59 of the EC Treaty. It is now likely that a High Court or county court judge will refuse to take steps to enforce and adjudicator's decision, and the amended Arbitration Act takes this into account by allowing the arbitrator to deal with an adjudicator's decision and take on the role of a judge.

Author: Bingham, Tony
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1997

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Just good friends?

Article Abstract:

The case of Bithrey v Edmunds highlights the importance in UK law of arbitrators declaring any relevant relationships at the very beginning of a case. Failure to do so can create extremely complex situations which may take a long time and great expense to resolve. In this particular case, a High Court judge eventually ruled that he would not order the arbitrator to pay the costs of his removal, nor the costs of setting his award aside.

Author: Bingham, Tony
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1998
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Harmony in the House: members of the House of Lords have been fulsome in their praise of the new arbitration bill

Article Abstract:

The recently introduced arbitration bill is expected to become law by Missummer's Day. The bill has been praised for being sensible and up to date, using plain English. Slight alterations could include a confidentiality clause, and there are concerns that there will be a need to retrain arbitrators to handle the new powers.

Author: Bingham, Tony
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1996

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Subjects list: Laws, regulations and rules, Arbitration (Administrative law), Administrative arbitration
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