Expert or arbitrator - drafting for dispute resolution
Taylor, P
Expert or arbitrator - drafting for dispute resolution - 2000 - Rent Review and Lease Renewal (3) September 2000, 131-155(13) .
Looks at how disputes should be dealt with. For many years rent reviews have provided for disputes to be referred to an independent third party. Considers whether leases should contain a binding mechanism for the resolution of disputes. If there is a dispute resolution provision it will normally turn on the question of independent advisor or arbitrator. To help the non-litigator, discusses the options available. Looks at ADR, litigation, adjudication, independent experts, arbitration and Arbitration Act 1996 s34. Finally, compares the principal characteristics of expert and arbitrator.
RENT REVIEWS
LEASE RENEWAL
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
LITIGATION
INDEPENDENT EXPERTS
ARBITRATION ACT 1996
DRAFTING
ALTERNATIVE DISPUTE RESOLUTION
Expert or arbitrator - drafting for dispute resolution - 2000 - Rent Review and Lease Renewal (3) September 2000, 131-155(13) .
Looks at how disputes should be dealt with. For many years rent reviews have provided for disputes to be referred to an independent third party. Considers whether leases should contain a binding mechanism for the resolution of disputes. If there is a dispute resolution provision it will normally turn on the question of independent advisor or arbitrator. To help the non-litigator, discusses the options available. Looks at ADR, litigation, adjudication, independent experts, arbitration and Arbitration Act 1996 s34. Finally, compares the principal characteristics of expert and arbitrator.
RENT REVIEWS
LEASE RENEWAL
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
LITIGATION
INDEPENDENT EXPERTS
ARBITRATION ACT 1996
DRAFTING
ALTERNATIVE DISPUTE RESOLUTION