Image from Google Jackets

Don't want arbitration? Then say so

By: Series: Construction News ; (6731) 30 August 2001, 14(1)Publication details: 2001Subject(s): Summary: Arbitration clause does not necessarily have to make reference to an 'arbitrator' or 'arbitration' nor does it have to say that the appointed person's decision is to be final or binding. In the case of "David Wilson Homes v Survey Services and another", the Court of Appeal dismissed the argument that the clause amounted to an alternative dispute resolution procedure. The CA's decision implies that if a party has no intention of using arbitration then the clause must state so explicitly.

Arbitration clause does not necessarily have to make reference to an 'arbitrator' or 'arbitration' nor does it have to say that the appointed person's decision is to be final or binding. In the case of "David Wilson Homes v Survey Services and another", the Court of Appeal dismissed the argument that the clause amounted to an alternative dispute resolution procedure. The CA's decision implies that if a party has no intention of using arbitration then the clause must state so explicitly.