ABSTRACT
MW16 lists negotiation, mediation, adjudication, arbitration and legal proceedings as the means by which any disputes may be determined. The parties are required to decide in advance which of the processes will be used and make relevant deletions to the articles. Where Article 7 applies, final determination of any dispute will be by means of arbitration, and this will be in accordance with Schedule 1 and the JCT 2016 edition of the Construction Industry Model Arbitration Rules. The initial approach to dispute resolution is to embark on negotiations or to adopt some voluntary method of agreement before formal procedures are invoked. The HGCRA 1996 Part II requires that parties to the construction contracts falling within the definition set out in the Act have the right to refer any dispute to a process of adjudication. If arbitration is selected as the method, then this needs to be confirmed by making the appropriate deletion in the contract particulars.
