An introduction to arbitration for construction lawyers


Produced in partnership with Mayer Brown
Practice notes

An introduction to arbitration for construction lawyers


Produced in partnership with Mayer Brown

Practice notes
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What is arbitration?

Arbitration is a alternative form of Dispute resolution to litigation, where a dispute is submitted to an arbitrator (or panel of arbitrators) for determination, rather than to a court. It is a consensual process in the sense that it will only apply if the parties agree it should.

Origins in England

Arbitration grew out of the international and local courts that were set up as an alternative to the royal court system in the Middle Ages. These courts were set up in response to the demand by merchants for an alternative system for the resolution of commercial cases because the royal court system was slow, not well-suited to mercantile Disputes and not accessible to parties who were not resident in England. A predominant feature of these courts was that strict formalities should be waived or Set aside in commercial cases to allow for the law to be speedily administered.

The practice of arbitration was eventually given a statutory basis in England when Parliament passed the first Arbitration Act in 1698. Subsequent legislation

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Jurisdiction(s):
United Kingdom
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Key definition:
Dispute resolution definition
What does Dispute resolution mean?

pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

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