International Construction Arbitration

Abstract

This chapter explains that an arbitration agreement is an agreement to submit to arbitration present or future disputes. It analyses the Arbitration Act 1996, which governs all arbitrations in England and Wales and provides that an arbitration agreement is made in writing. It also discusses the special nature of an arbitration agreement as it is not discharged by death and survives the repudiation, frustration, or discharge of the agreement with which it is concerned. This chapter elaborates that the first step for any employer, contractor, or sub-contractor involved in a dispute is to check and see whether the dispute is governed by an arbitration agreement. It reviews the most common incorporation by reference, which is when parties agree that a particular set of standard conditions shall govern their agreement.