Both sides now - The return of Arbitration in construction disputes in the United Kingdom?

November 2021

Abstract

This summer saw the re-release of Joni Mitchell’s 1970’s back catalogue of albums and outtakes of recordings, that included her most famous ballad “Both Sides Now”. Punk rock heralded the demise of the 1970’s singer-songwriter in the same way that Adjudication, with its fast-track decision within 28 days of the Adjudicator’s appointment, consigned Arbitration to the past in the UK. Arbitration in construction disputes is for the Woodstock generation whereas Adjudication has endured in modern times to give a quick decision of the Adjudicator at a manageable cost. Adjudication resembles Joe Strummer’s “combat rock” and Arbitration was and still is the comfortable easy listening of the past. I have seen Adjudication and Arbitration from “both sides now, from win and lose” and I am able to compare them both to one another.

Author

Anthony Philpott

Barrister, 10 King's Bench Walk, Temple, UK

Anthony Philpott is a Construction Lawyer and is practising as a Barrister authorised to conduct litigation, in chambers in the Temple, London. He has the MSc in Construction Law and Arbitration from King’s College University London and he is a member of the Chartered Institute of Arbitrators. He spent more than ten years as Legal Counsel with Bovis Lend Lease (now Lend Lease) a construction and project management multi-national where he advised on and negotiated every type of construction contract and represented the company on major projects and disputes including multi-million pound construction litigation. He is dual qualified as a practising barrister and solicitor (non-practising). He has the following experience in Construction contracts and disputes: • Conduct of Adjudication, Arbitration, Litigation and appearance as Counsel in the courts in construction disputes, including a reported case in the Technology and Construction Court of the High Court, published in the Building Law Reports in 2020, • In depth knowledge of every form of standard building contract • Advised on tender documents and terms and conditions and drafted amendments over many years • Advised on all associated contract documents of bonds, guarantees, collateral warranties, novation agreements and consultants’ appointments • Negotiated with leading city law firms on every type of building contract • Particular knowledge and experience of negotiation and drafting of Private Finance Initiative Hospital projects and Building Schools for the Future Facilities (BSF) Management contracts • Comprehensive knowledge of all Private Finance Initiative contractual documents • Drafted, negotiated and advised upon Facilities Management BSF contracts and Medical Equipment contracts and sub-contracts with suppliers on three major hospital projects at Havering and Roehampton in London and Leeds Oncology and Building Schools for the Future. • Comprehensive knowledge and experience of ADR in construction Adjudications, Arbitrations and Mediations • Conducted adjudications against leading London city construction law firms in submitting Notice of Intention to Adjudicate and Referral Notices, conducting arguments over jurisdiction of the adjudicator and natural justice legal and contractual arguments in general • Drafted pleadings, court and Alternative Disputes Resolution documents • Conducted litigation in the Court of Appeal, High Court (including in the enforcement of Adjudicator’s decision in the Technology and Construction Contracts Court) • Knowledge and experience of Housing Grants Construction and Regeneration Act 1996 as amended and case law on enforcement of Adjudicators’ decisions in the Technology and Construction Contracts.

Company

10 King's Bench Walk, Temple

A former in house Legal Counsel with Bovis Lend Lease (now Lease) a multi national construction and project management company. I am a lawyer, court and arbitration advocate specialising in construction disputes in England and Wales, including the conduct of adjudications, a form of ADR in the UK

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Both sides now - The return of Arbitration in construction disputes in the United Kingdom?

Abstract

Author

Company

10 King's Bench Walk, Temple

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