Urban Property

Urban property construction disputes that are resolved through arbitration typically involve conflicts between parties involved in a construction project, such as property owners, developers, contractors, subcontractors, architects, or engineers. Arbitration is a form of alternative dispute resolution (ADR) where parties agree to have their dispute settled by an impartial arbitrator or panel of arbitrators, rather than going to court. Here’s how arbitration works in the context of urban property construction disputes and we at AKB LEX make all possible endeavours to meet our client’s promises.

1. Agreement to Arbitrate: Often, construction contracts include clauses that require parties to resolve disputes through arbitration rather than litigation. These clauses typically outline the arbitration process, including the selection of arbitrators, rules governing the proceedings, and the applicable law.
2. Selection of Arbitrators: Parties may select arbitrators jointly or through a designated arbitration organization. Arbitrators are usually professionals with expertise in construction law, engineering, or architecture. They act as neutral third parties responsible for evaluating evidence, hearing arguments, and issuing a binding decision, known as an arbitral award.
3. Arbitration Proceedings: Arbitration proceedings are less formal than court trials but still involve presenting evidence, witnesses, and legal arguments. The arbitrator(s) manage the process, including setting timelines, conducting hearings, and resolving procedural disputes.
4. Evidence and Testimony: Each party presents evidence to support their claims, which may include documents, expert reports, and witness testimony. The arbitrator(s) evaluate the evidence and may request additional information or clarification as needed.
5. Decision Making: After considering the evidence and arguments presented by both parties, the arbitrator(s) render a decision, known as an arbitral award. This decision is final and binding on the parties, subject to limited grounds for appeal as provided by law.
6. Enforcement of Award: Once the arbitral award is issued, it can be enforced through the courts if necessary. Courts typically uphold arbitration awards and enter judgments based on them, facilitating the resolution of the dispute.
7. Confidentiality: Arbitration proceedings are generally confidential, which can be advantageous for parties seeking to avoid negative publicity or protect sensitive business information.

Arbitration offers several potential benefits for resolving urban property construction disputes, including faster resolution, cost-effectiveness, flexibility, and expertise of arbitrators. However, it’s essential for parties to carefully consider the implications of arbitration clauses in their contracts and ensure they understand the arbitration process before agreeing to it. Additionally, consulting with legal counsel experienced in construction law can help parties navigate the arbitration process effectively and protect their interests and we at AKB LEX deal with these urban property disputes with expertise and precision.