Arbitration analysis: The New Roads and Street Works 1991 (NRSW 1991) provides a scheme for resolving disputes arising out of street work claims. The NRSW 1991, s 96(3) provides that ‘Where under any provision of this Part a person is entitled in certain circumstances to recover costs or expenses incurred by him in executing works or other steps, any dispute as to the existence of those circumstances or as to the amount recoverable shall be determined by arbitration. This applies whether the provision is expressed as conferring a right to recover, or as imposing a liability to reimburse or indemnify or to bear the cost, but does not apply in relation to a provision expressed as providing for the charging of a fee or conferring a right to compensation or in relation to section 78 (contributions to cost of making good long-term damage to the street).’ His Honour Judge Hodge decided...
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A guide to the Arbitration Act 1996 (AA 1996)For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient shorthand) and/or seeking enforcement of domestic or international awards in English and Welsh courts,
Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international
Arbitration agreements—the doctrine of separability (England and Wales)This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout). This Practice Note should be read in conjunction with Practice Note:
Ad hoc arbitration—an introduction to the key features of ad hoc arbitrationAn ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support
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