A User's Guide to the JCT Arbitration Rules by Neil F. Jones

Abstract

A User's Guide to the JCT Arbitration Rules by Neil F. Jones. Published by BSP Professional Books, U.K., (1989, xi and 208 pp., incl. Preface, Tables of Contents, Cases and Statutes, Appendices and Index ). Paperback. Price . £19.95 (UK). This book is a comprehensive guide to the JCT Arbitration Rules which came into force under Amendment 6 (Issued July 1988) of the Standard Form of Building Contract 1980 Edition. The author is a practising solicitor with considerable experience in building contract matters. The main part of the book divides itself into four sections: the first two chapters deal with the background, scope and application of the JCT Arbitration Rules; Chapter 3 sets out the rules of general application, and Chapter 4 deals with the conduct of the arbitration and choice of procedures. The remaining chapters deal with the three types of procedure laid down under the Rules, namely that under Rule 5 – Procedure without a hearing; that under Rule 6 – Full procedure with a hearing; and that under Rule 7 – Short procedure with a hearing. The Appendices include the texts of the Arbitration Acts of 1950 and 1979 and of the JCT Arbitration Rules: there are also specimen forms and tables of cases and of statutes. The cases include a mention of that ‘cautionary tale’ Pratt v. Swanmore Builders Ltd. and Baker [1980] 2 Lloyd's Rep. 504. There is also a good index, an essential feature of any technical treatise. Chapter 2 states ‘The use of the JCT Arbitration Rules is prescribed in all JCT contracts, sub-contracts and other agreements’. This is followed by a useful table (under Rule 1 – Arbitration Agreements) setting out, for all the JCT contracts, first the title of the contract, then the article/clause number containing the arbitration agreement, and lastly the amendment number introducing the Rules. There are also set out the full texts of Article 5 and of Clause 41 of JCT 80 as amended by Amendment 6. There are …