Abstract
The emergence of adjudication both in South Africa and in numerous other countries in the world has posed questions as to whether arbitration, as presently practised, remains an effective and efficient mechanism for the resolution of construction disputes. This paper looks at the practice of arbitration in South Africa against the backdrop of outdated legislation and examines whether there are lessons to be learnt from adjudication. It concludes that there are procedures which have been developed in adjudication which ought to be considered in the arbitration of construction disputes.
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More From: Proceedings of the Institution of Civil Engineers - Management, Procurement and Law
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