Since it came into force on 31 January 1997 the Arbitration Act
1996 has generally been welcomed by users and practitioners in the
construction industry. It has fulfilled expectations that it would
provide a user-friendly and practical basis of resolving disputes
arising from construction contracts in a fair, expeditious and
economical way. In doing so it has generated a modest volume of
case law that has demonstrated the excellence of the Act's
provisions and its drafting.
Since the Fourth Edition of this book appeared in 1997 the
Housing Grants, Construction and Regeneration Act 1996 with its
Scheme for Construction Contracts Regulations 1998 have come into
force, as have the Civil Procedure Rules 1998, both of which affect
the resolution of disputes arising from construction contracts.
Case law has arisen from the Construction Act, and from the House
of Lords' judgment in the Beaufort Developments case, overturning
the much-criticised judgment of the Court of Appeal in Crouch.
In this Fifth Edition of an established text the author deals
with each stage of an arbitration, explaining in practical terms
the procedures to be adopted in avoiding disputes and in dealing
with them efficiently when they do arise. It features over 20
specimen arbitration documents and includes the full text of the
Act. It also covers several important developments in case law
affecting construction arbitrations, and refers to the introduction
and case law arising from adjudication under the Housing Grants,
Construction and Regeneration Act 1996.
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