ICE Arbitration Procedure 97

The procedure has been written to: make clear the steps to be taken by the party initiating the arbitration; define clearly the powers of the arbitrator; and provide guidance on procedures which will lead to the most cost-efficient disposal of the dispute.

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A new procedure was clearly needed to comply with the requirements of the Arbitration Act 1996 and the ICE is the first arbitral body to produce a revised procedure. The emphasis of the new Procedure is to put the arbitrator firmly in command so that effects of delaying tactics by one party may be kept to a minimum. The ICE has taken the view that the arbitration should be a simple and efficient means of dispute resolution and so the Procedure must be readily understandable by those involved in disputes. The ICE Arbitration Procedure does this with both simplicity and clarity." Guy Cottam, Chairman, ICE Arbitration Advisory Panel Produced in accordance with the requirements of the Arbitration Act 1996, the new Procedure is based on the ICE Arbitration Procedure (1983), which was one of the two arbitration procedures most widely used throughout the construction industry.
The new procedure has been specifically written and compiled to: make clear the steps to be taken by the party initiating the arbitration define clearly the powers of the arbitrator provide guidance on procedures which will lead to the most cost-efficient disposal of the dispute allow the parties involved to conduct their cases without requiring outside help make best use of the features of the Act for construction arbitrations be able to be used with any contract as specific references to the ICE Contracts have been moved.