ABSTRACT
The arbitrator will determine disputes within the framework of the Arbitration Act 1996, which provides for recourse to the courts to determine a point of law during arbitration or after an arbitrator's award on a question of law. All disputes can be adjudicated and the adjudicator is to be a fully independent person. In the commentary to the contract, it is stated that the procedures in condition 59 are to be followed in order to adjudicate disputes and it ‘is intended to avoid festering disputes harming the working relationships on which the project depends for successes. The commentary states that the adjudicator and the named substitute adjudicator should, wherever possible, are appointed before, or simultaneously with, entry into the contract. The commentary to the form advises that legal advice should be taken before beginning and throughout any proceedings.
