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ARTICLE · 21 NOVEMBER 2006

Current Trends In Construction Dispute Resolution

Barlow Lyde & Gilbert LLP
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Arbitration, the darling of the ’90s, subsequently lost favour. Is it now making a comeback with the 100 day arbitration procedure, or the availability of experienced construction judges as arbitrators? The court back-log used to deter many, but the Civil Procedure Rules have undoubtedly streamlined the litigation process. The Technology and Construction Court has more capacity than ever.

United KingdomReal Estate and Construction
Simon Konsta
Simon Konsta

Arbitration, the darling of the ’90s, subsequently lost favour. Is it now making a comeback with the "100 day" arbitration procedure, or the availability of experienced construction judges as arbitrators? The court back-log used to deter many, but the Civil Procedure Rules have undoubtedly streamlined the litigation process. The Technology and Construction Court has more capacity than ever. Is this winning back combatants, or do the ever higher court fees deter? Will the new runners, adjudication, mediation and Dispute Boards ("DBs") continue to attract?

We consider the different methods of resolving construction disputes, and the implications for those concerned and their insurers.

Litigation

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