2016 | Septiembre 28
Domestic arbitration has been overtaken by adjudication and the efficiency of the TCC. With uncertainty over Brexit and the increased cost of litigation is arbitration set for resurgence?
Adjudication is the mainstay for construction disputes and that is unlikely to change. For the last few years we have seen the tendency for final determination through the courts with domestic arbitration suffering as a result. This primarily stems from the effectiveness and efficiency of the Technology and Construction Court (TCC) and the realisation by many users that arbitration was not the cheaper alternative as had been assumed. But the world is changing with the result that arbitration may once again be finding favour in the domestic market.