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Expert or arbitrator - drafting for dispute resolution

By: Series: Rent Review and Lease Renewal ; (3) September 2000, 131-155(13)Publication details: 2000Subject(s): Summary: Looks at how disputes should be dealt with. For many years rent reviews have provided for disputes to be referred to an independent third party. Considers whether leases should contain a binding mechanism for the resolution of disputes. If there is a dispute resolution provision it will normally turn on the question of independent advisor or arbitrator. To help the non-litigator, discusses the options available. Looks at ADR, litigation, adjudication, independent experts, arbitration and Arbitration Act 1996 s34. Finally, compares the principal characteristics of expert and arbitrator.

Looks at how disputes should be dealt with. For many years rent reviews have provided for disputes to be referred to an independent third party. Considers whether leases should contain a binding mechanism for the resolution of disputes. If there is a dispute resolution provision it will normally turn on the question of independent advisor or arbitrator. To help the non-litigator, discusses the options available. Looks at ADR, litigation, adjudication, independent experts, arbitration and Arbitration Act 1996 s34. Finally, compares the principal characteristics of expert and arbitrator.