Construction Industry Model Arbitration Rules CIMAR
Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute.
The Construction Industry Model Arbitration Rules (CIMAR) were produced by the Society of Construction Arbitrators and introduced following the 1996 Arbitration Act. The rules have no statutory status and depend upon voluntary incorporation into contracts. They have been widely used for dispute resolution in the industry since being adopted as the standard by the Joint Contracts Tribunal (JCT).
According to CIMAR: 'The objective of the rules is to provide for the fair, impartial, speedy, cost-effective and binding resolution of construction disputes, with each party having a reasonable opportunity to put his case and to deal with that of his opponent.'
Once the arbitrator has been appointed under these rules, the parties may not, without the arbitrator's agreement, amend the rules or impose procedures in conflict with them. The rules apply where:
- A single arbitrator is to be appointed.
- The seat of the arbitration is in England, Wales or Northern Ireland.
The rules deal with the following areas:
- Beginning and appointment.
- Joinder.
- Particular powers.
- Procedure and evidence.
- Form of procedure and directions.
- Short hearing.
- Documents only.
- Full procedure.
- Provisional relief.
- Default powers and sanctions.
- Awards and remedies.
- Costs.
[edit] Find out more
Related articles on Designing Buildings Wiki:
- Alternative dispute resolution.
- Arbitration.
- Arbitration Act.
- Causes of construction disputes.
- Dispute resolution boards.
- JCT.
- Joinder.
- NEC3.
- NEC contract change management systems.
- NEC early contractor involvement.
- Pendulum arbitration.
- Provisional relief.
- Target cost.
[edit] External references
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