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Arbitration is a well-known feature of the standard form
contracts, such as JCT and ICE in the UK and in FDIC
internationally, because it has traditionally been the
favoured method for resolving disputes in the construction and
engineering (and other) industries, it Parties engaged in a
dispute, or about to embark upon one, need high-quality
professional assistance. They need advice from the earliest stages,
to secure compliance with statutory or institutional rules and to
ensure that no opportunities for appropriate settlement are missed.
If the arbitration proceeds to a hearing, or even if it is in
‘documents only’ form, they need their case put to the maximum
effect, whether orally or in writing or by a combination. Above
all, the parties need an arbitrator in whom they can have absolute
confidence for integrity, independence and expertise in resolving
construction and engineering disputes.
Members of Keating Chambers are extensively involved in all
these roles, in both UK domestic arbitration and international
arbitration.
UK domestic arbitration.
The following are examples of recent or current UK arbitration
work undertaken by our members:
- advising in a multi-million pound arbitration relating to the
London Underground scheduled for a 6-week hearing
- appearing in 2-week arbitration of a breach of warranty dispute
arising from presence of sulphates on the site of a large
residential estate in the Midlands
- acting for a Channel Tunnel Rail Link Joint Venture in
arbitration of disputes on ‘cut and cover’ sections of tunnelling,
and on liquidated damages and related issues
- advising in a dispute between a railway industry manufacturer
and a national rail company arising from a contract for the design,
manufacture and supply of rolling stock units
- acting for a waste management corporation in the
arbitration of a £5 million dispute arising from a Midlands
landfill project
Where necessary, members of Chambers challenge the decisions
of arbitrators through the courts. One such recent case was
Newfield Construction Ltd v
Tomlinson [2005] 97 Con LR 148, in which the Technology and
Construction Court exceptionally allowed an appeal against an
arbitrator’s award on costs. The case was the subject of an article
‘Procedural Irregularity’ in Arbitration Law Monthly Vol. 5 No. 9
October 2005.
Contact UsIf you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact the Senior Clerks,
John Munton and
Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.