Where limits of control lie in arbitration

Klein, R.

Where limits of control lie in arbitration - 2001 - Construction News (6704) February 2001, 14(1) .

Construction contract disputes often involve a number of parties. Examines how subcontractors' rights in arbitration cases can be limited in multiparty disputes, because each of the contracts involving one of the parties, may not contain an arbitration clause. Illustrates difficulties that can arise in "Lafarge Redland Aggregates v Shepherd Hill Civil Engineering" in which it was eventually decided that the subcontractor could participate in a main contract arbitration with the consent of the employer and arbitrator. If there was no consensual agreement, the subcontractor could pursue the dispute under a separate arbitration.


MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
CONSTRUCTION DISPUTES
ENGINEERING CONTRACTS
LAFARGE REDLAND AGGREGATES LTD V SHEPHARD HILL CIVIL ENGINEERING LTD
SUBCONTRACTS
ICE CONDITIONS OF CONTRACT (FIFTH EDITION)