ABSTRACT
Arbitration is a process whereby parties agree to refer an existing, or future, dispute to the determination of one or more independent persons in a judicial manner. Arbitration is a consensual process. Unless the parties have agreed to refer their dispute to arbitration, there can be no arbitration. An architect may also be required to give factual evidence during an arbitration arising out of a project in which he or she has been involved. Contractually, architects play an important role on projects, and therefore also in any ensuing disputes. Arbitration in England and Wales has now been governed by the Arbitration Act 1996 for more than two decades. It is generally thought amongst arbitration practitioners and users alike that the Act introduced a welcome reform of the law relating to arbitration, which continues to be a popular alternative to litigation in the High Court.
