Advantages And Disadvantages Of Problems In Construction...

Advantages And Disadvantages Of Problems In Construction...

1. limitations in the commencement of arbitration

One of the most significant problems in construction arbitration process is the limitations in the commencement of arbitration. Most standard form of contract e.g. PWD 203A and PAM 2006 with and without quantities stipulate that arbitration process can only commence after the project is completed or terminated. This can be referred to Clause 66.4 for PWD 203A and 34.10 for PAM 2006. However, the contract agreement or form does allow the arbitration process to be held during the construction stage subject to matters in Clause 66.5 PWD 203A and Clause 34.10(a)–(d). This limitations indicates that the contract agreement would not prefer to have the arbitration process during the construction stage ... Show more content on Helpwriting.net ...The final award terminates the arbitration and extinguishes the original cause of action. Finality attaches to an award when the arbitral tribunal's decision done in writing and signed becomes irrevocable and parties are unable to bring direct or collateral challenges against it. A binding award refers to the legal force of the award that expects the parties to execute its term domestically or internationally. In other words, these 2 clause preventing a party in raising a defence towards the award made by the arbitrator as it imposes on the parties mandatory legal

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