ABSTRACT

The arbitrator's award is the equivalent of the judgment of the courts. The arbitrator may also state a case to the courts upon the completion of the arbitration. The majority of arbitration agreements adopted by the construction industry accept the Act in its entirety. The dispute resolution techniques that are described in the forms of contract include adjudication, arbitration and litigation. The courts may also need to be called upon to enforce settlements that are reached by other methods. The parties may, however, decide to agree amongst themselves to use other alternative methods to settle their differences, such as alternative dispute resolution. The parties, under article 5.2, agree that proceedings will not take place until after practical completion has been achieved, or unless the contractor's termination of the contract has been made or if the project is abandoned. Ex gratia payments are not based upon the terms or conditions of contract.