It is important to understand the significant difference in disputes between the various obligations contained within the standard forms requiring compliance with specific provisions, where non compliance may prevent the pursuit or enforcement of claims. We have detailed knowledge and understanding of this, which is critical to the ability to advise and pursue claims on your behalf.
For example, within the ICE contract there are provisions relating to the ability of parties to refer certain matters to arbitration, given that the provisions of clause 66 require a dispute to first be referred to the engineer.
Further provisions within standard forms create floating charges which can only be enforced if registered.
Parties are now obliged under the Civil Procedure Rules (CPR) to make reasonable efforts to resolve any dispute before the formal issue of proceedings. We can advise as to the best use and application of Pre- Action Protocols.
Adjudication is a statutory right and is frequently a precursor to arbitration. A thorough understanding and working knowledge of its application and limitation is essential.
Contracts may include arbitration in place of litigation through the courts and this may be by reference to a domestic provision and the Arbitration Act or by reference to the International Chamber of Commerce procedures.
Have you considered the appointment of a High Court Judge as your arbitrator?
Many contracts include provisions for disputes to first be resolved, if possible, by reference to either mediation or conciliation, or some other informal process.
We have a trained mediator and Fellow of the Chartered Institute of Arbitrators so we can consider and advise you on the full range of dispute resolution options, from a position of real knowledge and experience.
We have practical experience of ADR in all its forms and its use in resolving issues.
We have experience of representing clients in the High Court, County Court and of dealing with appeals to the Court of Appeal and the Supreme Court.
Litigation in all its forms is to be avoided. However, if there is no other option then you must be fully and properly prepared. You must have the information, means and stamina to go all the way to the final hearing or trial.
We can recommend experts and counsel that are not only fantastically qualified and experienced but can work as part of your winning team.