Image from Google Jackets

Where limits of control lie in arbitration

By: Series: Construction News ; (6704) February 2001, 14(1)Publication details: 2001Subject(s): Summary: Construction contract disputes often involve a number of parties. Examines how subcontractors' rights in arbitration cases can be limited in multiparty disputes, because each of the contracts involving one of the parties, may not contain an arbitration clause. Illustrates difficulties that can arise in "Lafarge Redland Aggregates v Shepherd Hill Civil Engineering" in which it was eventually decided that the subcontractor could participate in a main contract arbitration with the consent of the employer and arbitrator. If there was no consensual agreement, the subcontractor could pursue the dispute under a separate arbitration.

Construction contract disputes often involve a number of parties. Examines how subcontractors' rights in arbitration cases can be limited in multiparty disputes, because each of the contracts involving one of the parties, may not contain an arbitration clause. Illustrates difficulties that can arise in "Lafarge Redland Aggregates v Shepherd Hill Civil Engineering" in which it was eventually decided that the subcontractor could participate in a main contract arbitration with the consent of the employer and arbitrator. If there was no consensual agreement, the subcontractor could pursue the dispute under a separate arbitration.