INTELLIGENT WORK FORUMS
FOR ENGINEERING PROFESSIONALS

Log In

Come Join Us!

Are you an
Engineering professional?
Join Eng-Tips Forums!
  • Talk With Other Members
  • Be Notified Of Responses
    To Your Posts
  • Keyword Search
  • One-Click Access To Your
    Favorite Forums
  • Automated Signatures
    On Your Posts
  • Best Of All, It's Free!

*Eng-Tips's functionality depends on members receiving e-mail. By joining you are opting in to receive e-mail.

Posting Guidelines

Promoting, selling, recruiting, coursework and thesis posting is forbidden.

Jobs

Mandatory Arbitration

Mandatory Arbitration

(OP)
One of the engineers in our office mentioned that there was a requirement for mandatory arbitration in Australia for all construction disputes?

Is this correct?

What does a party do if there is an unsatisfactory decision?

Thanks, Dik

RE: Mandatory Arbitration

It probably varies between states, but I believe that this is correct for at least some before heading to the courts, if it can't be resolved between the parties themselves.
  

RE: Mandatory Arbitration

(OP)
There is still resolution through the courts, if all else fails?

Thanks,

Dik

RE: Mandatory Arbitration

This does vary, as apsix said.  There are a variety of ways of settling construction disputes in Australia.  Most of the conciliation, mediation, adjudication, arbitration, etc. schemes are ordered by the courts.  Arbitration would be "mandatory" because a court had ordered it.  This is increasingly the case, and I believe that is because the courts are overloaded.  Mandatory arbitration does not necessarily result in a binding decision.  It is only binding if the parties accept the result, but in practice, most cases are settled at some point before proceeding to litigation in the courts...just due to the expense and uncertainties involved.

RE: Mandatory Arbitration

(OP)
Thanks, Hokie...

Dik

Red Flag This Post

Please let us know here why this post is inappropriate. Reasons such as off-topic, duplicates, flames, illegal, vulgar, or students posting their homework.

Red Flag Submitted

Thank you for helping keep Eng-Tips Forums free from inappropriate posts.
The Eng-Tips staff will check this out and take appropriate action.

Reply To This Thread

Posting in the Eng-Tips forums is a member-only feature.

Click Here to join Eng-Tips and talk with other members!


Resources


Close Box

Join Eng-Tips® Today!

Join your peers on the Internet's largest technical engineering professional community.
It's easy to join and it's free.

Here's Why Members Love Eng-Tips Forums:

Register now while it's still free!

Already a member? Close this window and log in.

Join Us             Close