Arbitration Derailed: When Proceedings Take an Unforeseen Turn

11 Ways Your Construction Dispute Might Conclude

There is only one way to start a construction arbitration, but there are many ways that it can end without an award on the merits:

(1) A settlement agreement or Consent Award
(2) Interim relief that renders the determination of the merits moot
(3) An award/court order dismissing the case for want of jurisdiction
(4) An award finding the claim to be inadmissible
(5) A decision on a preliminary issue that effectively determines the merits (e.g. a contract interpretation point)
(6) Withdrawal of some or all claims by the Parties
(7) Termination of the Arbitration by the Tribunal
(8) Discontinuance due to default by the Parties in pushing forward the arbitration
(9) Termination by the institution/inability to transfer the file onwards
(10) Failure to comply with contractual or statutory time limits for the arbitration
(11) Impossibility of continuing the arbitration due to circumstances which make resolving the dispute moot

Parties should carefully consider the implications of how they terminate the arbitration proceedings, particularly regarding limitation periods, costs, and the potential for future claims.