ABSTRACT

The adjudicator's decision will be binding until otherwise agreed by the parties or until the matter is referred to arbitration or litigation. The Housing Grants, Construction and Regeneration Act 1996 section 108, gives the right to any party to a construction contract to submit disputes to an independent adjudicator. Arbitration is the time-honoured system of settling disputes. In essence it is when two parties who are in dispute about something agree between themselves to ask an independent third party to settle the matter between them and they agree to abide by his decision. The object is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense. The MW 98 article 7A specically makes reference to disputes with the architect on the employer's behalf. When exactly a dispute has arisen will be something which should be obvious but, basically, the two parties must be in disagreement.