Arbitration for construction lawyers

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Arbitration is a consensual and private form of binding dispute resolution, conducted before one or more impartial arbitrators (typically a tribunal of three) whose powers and duties are delineated in the parties’ agreement to arbitrate.

The Arbitration Act 1996 (AA 1996) is the principal English arbitration statute (the Arbitration Act 2025 amends the AA 1996). AA 1996, s 1 states that:

  1. •

    the object of the arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense

  2. •

    the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest

  3. •

    court intervention should be restricted

Arbitration used to be very popular as a method of resolving disputes in the construction industry in the UK. This is less so now as a result of statutory adjudication under the Housing Grants, Construction and Regeneration Act 1996 and the success of the Technology and Construction Court. Arbitration remains extremely popular as a method of resolving disputes for international contracts.

See Practice Note: An introduction to arbitration

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