Published Resources Details

Journal Article

Author
Antill, J. M.
Title
The settlement of contract disputes: litigate or arbitrate?
In
Engineering Arbitration Notes
Imprint
Oct 1983, 1983, pp. 1-9
Abstract

The paper begins with the historic background of the settlement of commercial disputes, and then examines the development of the arbitral process and the methods of appointing an arbitrator. The qualifications and the powers and duties of an arbitrator are discussed in detail, followed by a close scrutiny of the advantages and disadvantages of both arbitration and litigation in the resolution of building and engineering contract disputes. There being no simple answer to the question: 'Litigate or arbitrate?, the paper concludes with a recital of the various factors which must be taken into consideration in determining which to adopt.

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