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Arbitration

Construction Arbitration

We help clients involved in construction disputes with fast & affordable solutions. We are experts in construction arbitration and have an excellent track record of success. Our lawyers have been described among “the best litigators in the country“.

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Expert Construction Arbitration Lawyers

Resolving construction disputes requires expertise, efficiency, and market insight. At Go Legal, our construction dispute lawyers help clients resolve disputes and where necessary pursue arbitration to achieve favourable outcomes quickly and cost-effectively. 

Our expert construction lawyers specialise exclusively in commercial litigation and dispute resolution, and are the adviser of choice in England & Wales for many clients within the construction sector.

We advise developers, contractors, sub-contractors, surveyors, and consultants. We are dedicated to your construction issue and concern, and resolving it in your favour.

What is Arbitration?

Arbitration is an alternative dispute resolution method where parties agree to resolve their differences outside of the traditional courtroom setting. In construction, this can be particularly valuable. With industry-specific arbitrators, confidentiality, and a generally faster resolution process, arbitration presents an attractive option for many involved in the construction sector. 

Arbitration offers several benefits for parties such as:

Arbitrators often have in-depth knowledge specific to the construction industry, ensuring decisions are informed and appropriate.

Bypassing the often-congested court system, arbitration can lead to quicker resolutions, allowing parties to move forward.

Arbitration proceedings and outcomes remain private, protecting the reputations of involved parties.

Often construction contracts will stipulate that the in the event of disagreement the parties must pursue recourse through arbitration (and not litigation or insolvency proceedings).

Winning Approach to Construction Arbitration

Our lawyers’ extensive industry-specific knowledge and our commitment to justice make us the preferred choice for many businesses in the construction industry. Our lawyers are passionate about this industry and are members of the Society of Construction Law and Adjudication Society.

Our lawyers are recognised among the best lawyers in England & Wales, and have regularly been asked and featured to write authoritative articles in the Financial Times, the Law Society and LexisNexis and have been quoted in City AM, the New Law Journal, Law Society Gazette and Litigation Futures.

Our unique approach to construction arbitration disputes means that we will:

  • Arrange a Free Consultation with you & a qualified lawyer to discuss your legal issue
  • Free Asset Tracer & Due Diligence Report
  • Arrange a WhatsApp group with you & your legal team in case you have any ad-hoc questions
  • Investigate the merits of your issue & devise a strategy for success at the outset
  • Send us your case documents easily through our secure client portal, Go Transfer
  • Free sign-up to our Insolvency Tracker & Claims Protection service (worth £1k pa)
  • Advise you on any judgments & tactics that have proved successful on other matters
  • Consult with independent surveyors and experts to strengthen your position
  • Provide you with price transparency & fixed fees so that you have peace of mind throughout
  • Work hard to achieve the best outcome
 

Our lawyers offer regulated, independent & confidential legal advice and are also dedicated members of the Professional Negligence Lawyers Association, the London Solicitors’ Litigation Association, the Association of Cost Lawyers, the Insolvency Lawyers Association and the Commercial Litigation Association.

Alternative dispute resolution, where suitable, provides many advantages for parties in legal disputes. Our lawyers are strong advocates for mediation and it can often lead to favourable settlements. Several of our lawyers are trained mediators and expert negotiators who are registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute. 

Our expertise in mediation gives our lawyers a significant and unique advantage when navigating settlement discussions on your behalf.

Fixed Fees & Flexible Funding Options

We provide flexible funding options including fixed fees and ‘no win no fee’ arrangements for your construction dispute.

Whether you are an individual or a business, we provide exceptional legal services at cost-effective prices: this is our promise.

To book a Free Consultation with our expert construction lawyers, you can call us on 0207 459 4037 or you can use our booking form below.

Choose Excellence in Dispute Resolution

Our Mission

Our arbitration lawyers have a proven track record of delivering successful outcomes for clients. Go Legal was founded to make exceptional lawyers accessible and solutions affordable.

Our lawyers and mediators have decades of experience and specialise exclusively in commercial litigation. Our lawyers have been described as “the best litigators in the country” & provide solutions to clients in the following areas of law:

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Karim Oualnan

Partner and Managing Director

Litigation Lawyer of the Year - Karim Oualnan

Our Story

Having worked more than a decade in law and fuelled by his passion for access to justice, Karim envisaged a different law firm – one that stood as a symbol of hope, fairness, and an unwavering dedication to justice. By providing legal services through a partnership with Go Legal and Spencer West, Karim has been able to create this vision.

Karim did not have a storybook beginning. His childhood echoed with challenges, where he witnessed his family and friends struggle with legal issues. It made him realise that there are individuals and businesses caught up in the complexities of the UK legal system who need reliable, affordable and technically astute lawyers to get results.

Our lawyers make a promise – we will work hard to achieve the best outcome for you. We are here to help!

Our Values

Our firm’s values ensure that we consistently exceed client expectations when dealing with construction arbitration disputes. We are:

  • Honest: Our lawyers are trusted by many clients
  • Generous: We are technically astute lawyers with compassion, & a genuine desire to help
  • Dedication: Our lawyers tackle each case with relentless dedication & work tirelessly to achieve a successful outcome
  • Innovative: We have access to technology & strategies not used by other law firms
  • Guardians: Our lawyers will guide you through every legal step, ensuring clarity & understanding at all stages

200+

Lawyers*

95%+

Success

20

Offices*

*through our exclusive partnership with Spencer West LLP

Our lawyers are regulated and members of:

Why instruct Go Legal

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Expertise

Our team of arbitration lawyers are renowned for their technical expertise, honesty and dependability. We prioritise customer satisfaction by providing personalised attention and ensuring that we consistently exceed client expectations throughout.

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Rapid Response​

We understand the urgency of legal matters and offer 24/7 support to clients. Whether you require immediate assistance with legal advice or representation, our team is always available to provide prompt and reliable support. We will create a WhatsApp group with you and your legal team once instructed if you have any out of hours questions throughout your litigation and dispute resolution case.

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Fair and Transparent pricing

We provide honest estimates for our legal services at the very outset. We are often instructed on an hourly rate basis, but we can offer discounted fixed fee packages, and no-win no fee agreements. For further information, please see our Funding page which sets out some of the packages we may be able to offer clients.

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Fast & Reliable

Efficiency and dedication to our clients’ needs are the cornerstones of our practice. We have earned the appreciation and praise of clients and even our opponents by consistently meeting high standards and delivering exceptional results.

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Qualified and Regulated

Our team consists of highly qualified and regulated legal professionals who possess extensive knowledge and experience in construction dispute resolution. You can trust that your legal matter will be handled by specialist and experienced arbitration lawyers who provide the highest level of service to achieve the best result for your case.

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Customer Satisfaction Guarantee

We are so confident in our ability that we give our clients a service level guarantee. If you are not happy with the service we provide on your case, you can request a 10% discount on our invoice(s) no questions asked.

Free Construction Claim Assessment

Complete our short 2-minute questionnaire below to receive a tailored report to your email, summarising the assessment and providing further guidance on the potential for pursuing your construction dispute or issue.

Disclaimer: Please note that this questionnaire is for initial assessment purposes only and does not constitute legal advice. The information provided in this questionnaire will be used solely for evaluating the potential of your construction dispute. By submitting this form, you agree to our privacy policy and terms of service. Please complete the details below to receive an email with your assessment results.

Contact Information:

Fixed Fee Packages

Our funding solutions have been designed by our construction lawyers to alleviate the financial burden and enable you to focus a quick and cost effective resolution for your construction dispute.

Contract Review & Strategy Package

This package includes:
  • Thorough analysis of all construction contracts and related documents
  • Identification of potential legal issues and risk assessment
  • Up to 2 hour consultation with our expert construction lawyers
  • Strategic planning to prevent construction disputes and ensure contract compliance
  • Advice on best practices for documentation and communication during the construction project including payment applications and payless notice

Dispute Avoidance & Early Resolution Package

This package includes:
  • All services from Contract Review & Strategy Package
  • Preparing a detailed letter before claim, contract or submissions
  • Corresponding with your opponent and negotiating on your behalf
  • Early intervention in construction disputes through mediation and negotiation
  • Drafting and reviewing settlement agreements to resolve issues without litigation

Litigation, Adjudication or Arbitration Package

This package includes:
  • All services from Dispute Avoidance & Early Resolution Package
  • Representation in construction litigation
  • Preparing Claim Form and Particulars of Claim or Defence
  • Comprehensive management of claims for delays, defects, liquidated damages and payment disputes.
  • Advocacy in adjudications, and litigation including preparation and presentation of evidence
  • Post-judgment or award enforcement and advice on appeals

Client Success Stories

Reviews

Karim Oualnan handled a contractual case to a successful resolution. Karim was very diligent, always providing great, honest advice in which Karim always put my best interests at the forefront of his suggestions during the case. He is very reliable, trustworthy and always on hand to help. I would highly recommend Karim.
I have no hesitation in recommending the services of Karim and his team. I had been banging my head against a brick wall after my bank forced the closure of my accounts and froze a substantial amount of my cash assets. Karim quickly reviewed all of the documentation relating to the matter and issued a letter before claim and formal...
We hired Karim for a commercial dispute, with a UK based entity that breached our P.O. terms. The difficulty with the case was that we have paid a down payment without much leverage to recover it. The supplier misled us forever 2 years and finally decided not to pay our down payment. However, with the support of the lead lawyer...
Very satisfied with the way that Karim Oualnan and his team took hold of a messy conveyancing professional negligence claim, and progressed it all the way through to an amicable settlement in just over 6 months. Professional, courteous, knowledgeable and also pragmatic with advice and strategy. I would not hesitate to recommend.
Karim offered me some advice regarding a lease issue. He was kind , courteous, knowledgable and above all really generous with his time and support . I would recommend Karim in a heartbeat for explaining things so clearly without patronising and for making me feel so at ease.
Karim is wonderful to work with, attentive, calmed and a knowledgeable professional. I appreciate his help a lot, he guided me in a way that not a lot of people does. Reliable and a great motivator.

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Construction Arbitration FAQs

Yes, we offer free initial consultations to clients during which you will discuss your construction related dispute with one of our expert lawyers to determine the scope of the issue, the solutions and how we may be able to assist in achieving the best outcome for you.

Our expert lawyers are experienced in both contentious including payment disputes, breach of contract and defective work, litigation and arbitration and non-contentious construction related issues and will be able to provide you with expert advice on your concern. Please do not hesitate to book a free initial consultation with one of our lawyers today.

Arbitration is a private, formal method of dispute resolution in which both parties agree to present their case before a neutral third-party, the arbitrator. Instead of a judge in a court, the arbitrator reviews evidence, considers arguments, and renders a decision, often termed an ‘arbitration award’. In the context of construction, arbitration can address disputes related to payment issues, project delays and defective work.

Arbitration offers several benefits:

  • Flexibility: Parties can set procedures and choose arbitrators.
  • Privacy: Arbitration proceedings are typically confidential, protecting sensitive business information.
  • Speed: Arbitration can be faster than court litigation, leading to quicker resolutions.
  • Expertise: Arbitrators often possess specialized knowledge in construction, facilitating informed decisions.

While arbitration is frequently stipulated in many construction contracts, it is not always mandatory. Parties can, through mutual agreement, decide on other resolution methods like mediation or litigation. It is essential to review the contract terms carefully.

Our expert construction team has extensive experience and success in resolving disagreements and breach of contract disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Arbitrators are often professionals with extensive experience in both law and the construction industry. Parties can jointly select an arbitrator, or if they cannot agree, an appointing body like the London Court of International Arbitration might intervene. It is crucial that arbitrators remain impartial and possess the expertise relevant to the dispute’s specifics.

If you are navigating the complexities of construction arbitration, you need experts by your side. Reach out to our experienced construction lawyers at Go Legal for tailored guidance and representation. We are committed to defending your interests and achieving the best outcomes.Top of Form

The arbitration process for construction typically involves the following steps:

  • Notice of Arbitration: Initiating party issues a formal notice, indicating the intention to arbitrate.
  • Selection of Arbitrator(s): Parties choose an impartial arbitrator or a panel, depending on the agreement.
  • Submission of Pleadings: Both parties present their case in written submissions detailing claims and counterclaims.
  • Hearing: A structured session where parties present evidence, witness testimonies, and legal arguments.
  • Deliberation and Award: The arbitrator reviews the evidence and delivers a binding decision.

Our expert construction team has extensive experience and success in resolving disagreements and breach of contract disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Arbitration decisions, or ‘awards’, are generally final and binding. However, under limited circumstances, such as evident partiality, procedural misconduct, or exceeding the scope of authority, parties may challenge the award in a competent court. The chances of overturning an arbitration decision are slim, emphasising the need for expert representation throughout the process.

Arbitration can be more cost-effective than court litigation, especially for international disputes. However, factors like the complexity of the case, the duration of hearings, and arbitrator fees can influence costs. It is vital to assess the potential costs with legal experts before deciding on the best resolution method.

Arbitration is particularly effective for:

  • Technical Disputes: Where specialised expertise is crucial for decision-making.
  • International Projects: Where parties from different jurisdictions are involved and prefer a neutral forum.
  • Confidential Matters: Where parties wish to keep the dispute and its details private.

Uncertain about the arbitration route? Let Go Legal’s experienced construction lawyers guide you. Our lawyers have proven track record in representing clients effectively in construction arbitrations, ensuring their rights and interests remain protected. Reach out for a consultation today.

One of the primary advantages of arbitration in England & Wales is its confidentiality. The proceedings, evidence, and the final award are typically kept confidential, not open to the public or press. This can be paramount for businesses concerned about reputational risks. However, it is essential to specify the desired level of confidentiality in the arbitration agreement.

Expert evidence, often from engineers, architects, or financial analysts, is crucial in complex construction disputes in England & Wales. These experts provide reports and testify during hearings, offering specialised insights into technical issues, cost evaluations, or industry standards. The effective selection and presentation of expert findings can heavily influence the arbitration’s outcome.

Our expert construction team has extensive experience and success in resolving disagreements and breach of contract disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Certainly, several institutions provide tailored rules for construction arbitrations. Notable ones include the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb). Each institution has its procedures, and the choice often rests on the parties’ preferences and the nature of the dispute.

Our solicitors and lawyers offer regulated, independent & confidential legal advice and are also dedicated members of the London Solicitors’ Litigation Association (LSLA), the Association of Cost Lawyers (ACL) and the Insolvency Lawyers’ Association (ILA). Several of our lawyers are also trained mediators and are also registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute (IMI).

Yes. Arbitration is favoured for international construction disputes due to its neutrality and flexibility in selecting applicable law and location. The New York Convention, to which the UK is a signatory, ensures that arbitration awards are recognised and enforceable in member states, simplifying international enforcement.

Our expert construction team has extensive experience and success in resolving disagreements and breach of contract disputes quickly and cost effectively to ensure that the project is not delayed and cash flow is not impacted by any dispute with a client or sub-contractor. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

The duration of construction arbitration in England & Wales varies based on the dispute’s complexity, the number of parties involved, and procedural choices. Generally, arbitration can be quicker than traditional court proceedings, especially if parties opt for expedited processes. However, intricate disputes with substantial documentation can extend the timeline. On average, many arbitrations conclude within 12-18 months, but it is essential to understand that this is just a rough estimate.

Yes, one of arbitration’s key advantages is the autonomy it grants parties. In England & Wales, parties to an arbitration agreement can select the applicable law and decide the arbitration’s seat (or location). This choice allows parties to opt for a neutral location and a familiar legal system, fostering an environment conducive to fair resolution.

Arbitration can indeed accommodate multi-party disputes, though they may present logistical challenges. Advanced planning, coordination, and effective arbitration clauses can help streamline multi-party arbitrations. The flexibility in procedures, coupled with the ability to consolidate claims or have parallel proceedings, makes arbitration a viable option even for complex multi-party construction disputes.

Navigating the intricacies of construction arbitration, especially in multi-party settings, requires experienced lawyers. Trust Go Legal’s vast experience in the field. We strategize, advocate, and achieve optimal resolutions for our clients.

The New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) is a critical tool for enforcing arbitration awards across borders. As both the UK and many other countries are signatories, it means that an arbitral award made in one member state can generally be recognised and enforced in another with minimal review. For construction firms in England & Wales dealing with international contracts, it simplifies cross-border dispute resolution.

The Chartered Institute of Arbitrators (CIArb) is a leading professional member organisation representing the interests of alternative dispute resolution (ADR) professionals worldwide. It provides education, training, and accreditation for arbitrators. Many construction arbitrators in England & Wales are members of CIArb, adhering to its standards and benefiting from its resources.

Several of our lawyers are also trained mediators and are also registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute (IMI).

Yes, interim measures can be sought in construction arbitration, just as in traditional litigation. Parties can request measures like injunctions, asset preservation, or evidence preservation to ensure the dispute’s effective resolution. Depending on the arbitration rules chosen, these measures can be ordered by the arbitrator or a separate emergency arbitrator.

Ad hoc arbitration is tailored by the parties and does not operate under a specific institution’s umbrella or set of rules, granting the parties greater flexibility. Conversely, institutional arbitration is overseen by an established institution (e.g., ICC, LCIA) with predetermined rules guiding the process. While ad hoc arbitration offers more control, institutional arbitration can provide a structured framework beneficial for complex construction disputes.

The landscape of construction arbitration can be daunting, especially when substantial investments are at stake. Go Legal stands as a beacon of expertise in the industry, guiding clients towards successful outcomes. Should you need strategic advice, representation, or merely to understand your position better, our seasoned lawyers are a call away.

Arbitration clauses in construction contracts dictate that any disputes arising from the contract will be resolved through arbitration rather than traditional litigation. The specifics of this clause, including the choice of arbitrator, location of arbitration, and applicable rules, can significantly influence the arbitration process, making it vital to draft these clauses with care.

The Arbitration Act 1996 is the primary legislation governing arbitrations in England & Wales. It provides a legal framework for the conduct of arbitrations, ensuring the fairness, speed, and cost-effectiveness of the process. For construction disputes, understanding the nuances of this Act can be essential for a smooth arbitration journey.

Yes, mediation can be combined with arbitration in a process often termed “med-arb.” Initially, parties attempt to resolve disputes through mediation, and if unsuccessful, the mediator can take on the role of an arbitrator, making a binding decision. It can be a time and cost-effective way to address construction disputes, provided all parties agree. Several of our lawyers are also trained mediators and are also registered members of the Chartered Institute of Arbitrators (CIArb) and the International Mediation Institute (IMI).

Evidentiary hearings allow parties to present their evidence, including documents, witness testimonies, and expert opinions. Given the technical nature of construction disputes, these hearings are often crucial in clarifying intricate details that play a pivotal role in the arbitrator’s decision.

Absolutely. As the legal and construction sectors embrace technology, electronic or “e-arbitration” is becoming more common. This mode allows parties to conduct arbitration remotely, using digital tools, which can be particularly beneficial in the current global context or for international disputes.

No, a judge is not involved in the arbitration process. Instead, disputes are resolved by one or more arbitrators selected by the parties or, in the absence of agreement, appointed by an arbitration institution. Arbitrators, however, often possess legal training or are retired judges, ensuring a blend of industry-specific knowledge and legal expertise.

Typically, if you are a party or a key witness in the dispute, you may need to attend the hearing to provide testimony or evidence. The format can be like a court trial but is generally less formal. However, in some cases, evidence can be submitted in writing, or proceedings can take place entirely online, reducing the need for personal attendance.

Yes, arbitration awards are enforceable. In England & Wales, an arbitration award can be enforced similarly to a court judgment. If the other party does not voluntarily comply with the award, you can apply to the court for its enforcement. Furthermore, due to international conventions like the New York Convention, arbitral awards are enforceable in many countries globally, providing a robust mechanism for international disputes.

If you are facing a construction dispute and are uncertain about the way forward, our expert team is here to help. Our expert lawyers are experienced in both contentious including payment disputes, breach of contract and defective work, litigation and arbitration and non-contentious construction related issues and will be able to provide you with expert advice on your concern. Please do not hesitate to book a free initial consultation with one of our lawyers today.

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