Construction Law, the Arbitration Act 1996 and Beyond: The Contribution of the Technology and Construction Court to Arbitration

TY - CHAP

T1 - Construction Law, the Arbitration Act 1996 and Beyond: The Contribution of the Technology and Construction Court to Arbitration

AU - Nazzini, Renato

AU - Kalisz, Aleksander

PY - 2023/5/4

Y1 - 2023/5/4

N2 - Since the inception of the TCC in 1998, the Court has significantly engaged with arbitration through the interpretation of the Arbitration Act 1996 and beyond. It rendered almost 200 judgments on the subject, more than a third of which were identified by this chapter as making a material contribution to arbitration in English law. This chapter discussed these cases under the main headings of constructing and enforcing arbitration agreements, supportive powers and supervisory powers. The analysis in this chapter shows that, also in relation to arbitration, the TCC has served the construction industry well. While the Act, and generally arbitration law, are a set of rules that apply across all industries, there are undeniably issues that are specific to construction, from the definition of what is an arbitration agreement as opposed to expert determination clauses to multi-tier clauses and conditions precedent, from the interaction of adjudication and arbitration to determination of substantive appeals under section 69. Unsurprisingly, the TCC case law in these areas is of fundamental importance to the development of English arbitration law is a way that is responsive to the commercial reality and dynamics of the construction sector. But also in areas where, inevitably, the TCC’s contribution to English arbitration law has been less closely linked to the Court’s specialism, such as, for example, sections 67 and 68 of the Act or the duties of experts, the TCC has been instrumental in developing the law and has adopted novel approaches that have been followed elsewhere in the High Court and have been upheld by the higher courts.

AB - Since the inception of the TCC in 1998, the Court has significantly engaged with arbitration through the interpretation of the Arbitration Act 1996 and beyond. It rendered almost 200 judgments on the subject, more than a third of which were identified by this chapter as making a material contribution to arbitration in English law. This chapter discussed these cases under the main headings of constructing and enforcing arbitration agreements, supportive powers and supervisory powers. The analysis in this chapter shows that, also in relation to arbitration, the TCC has served the construction industry well. While the Act, and generally arbitration law, are a set of rules that apply across all industries, there are undeniably issues that are specific to construction, from the definition of what is an arbitration agreement as opposed to expert determination clauses to multi-tier clauses and conditions precedent, from the interaction of adjudication and arbitration to determination of substantive appeals under section 69. Unsurprisingly, the TCC case law in these areas is of fundamental importance to the development of English arbitration law is a way that is responsive to the commercial reality and dynamics of the construction sector. But also in areas where, inevitably, the TCC’s contribution to English arbitration law has been less closely linked to the Court’s specialism, such as, for example, sections 67 and 68 of the Act or the duties of experts, the TCC has been instrumental in developing the law and has adopted novel approaches that have been followed elsewhere in the High Court and have been upheld by the higher courts.

M3 - Chapter

SN - 9781509964178

BT - The History of the Technology and Construction Court on its 150th Anniversary

A2 - Coulson, Peter

A2 - Sawtell, David

PB - Hart

ER -