Preparing a Claim for an Arbitration Case

ronietherock

I hope someone can help me. I am currenlty studying for my Honours degree in Civil Engineering and as part of my final year mark I have to prepare a clain for a fictional Arbitration case from a contractor. This will also include a responce to the claim (from the employer), a counterclaim (from the contractor), a responce to the counterclaim (from the employer) and finally the Abritrators award. I was looking for some help on how to prepare/write a claim as I am not quite sure what format or what should be included in it. I would appreciate it if anyone could provide any useful information on this subject. If people have any links or information they can PM me.

Snapper1

This could be of help in a roundabout way but you should have a look at http://www.sportsdra.ie

Its the website of the GAA's Dispute Resolution Authority - an arbitration body set up to keep GAA cases from going to court. The decisions are all available online and they are a good example of how an arbitration award in constructed. The format of each decision can vary slightly but they always include a background to the particular case, the Claimant's argument, the Respondent's counter-argument and finally the award.

Planxty

Response

Victor

Don't over-do it. Get advice from your lecturers as to the number of points that should be discussed as primary and secondary issues and if there is a word count limit.

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You will need to decide if you want the claim to be an essentially financial one (more works, works at a different rate, delay causing cost) or if you want to argue a fine point of the standard contracts or law.

Contractor's claim is likely to look very similar to a final account claim. Client's (representative's) response will look similar, but with lower amounts of money and counter-claims.

Counter claism will try to expand on the points of disagreement and possibly make some consessions or hint at where a settlement might happen.

Will you be hearing oral evidence?

For the award, you need to read up on the Arbitration Acts and determine if an argued award is required. The award would provide a summary of the project, history of the account, the claims and counter claims, oral evidence where it varied from the claims and then state the actual decision made and any points of fact or law relied upon. Depending on hte brief, it may also decide costs.

ronietherock

Victor wrote: »

Don't over-do it. Get advice from your lecturers as to the number of points that should be discussed as primary and secondary issues and if there is a word count limit.

---

You will need to decide if you want the claim to be an essentially financial one (more works, works at a different rate, delay causing cost) or if you want to argue a fine point of the standard contracts or law.

Contractor's claim is likely to look very similar to a final account claim. Client's (representative's) response will look similar, but with lower amounts of money and counter-claims.

Counter claism will try to expand on the points of disagreement and possibly make some consessions or hint at where a settlement might happen.

Will you be hearing oral evidence?

For the award, you need to read up on the Arbitration Acts and determine if an argued award is required. The award would provide a summary of the project, history of the account, the claims and counter claims, oral evidence where it varied from the claims and then state the actual decision made and any points of fact or law relied upon. Depending on hte brief, it may also decide costs.

Unfortunately my lecturer is not very approcable and has been of no help in the matter. He just basically said its up to own own judgement upon which we have never even looked at contract claims before.
The claim is essentially a financial one. It is a contractor claiming an extension of time over the client and claiming extra costs for delays.
No oral evidence wil be heard. We were just given the facts of the case in a handout with no method or format for the claim or counterclaims. We also have to produce a programme showing the agreed works under Clause 14 of the IEI conditions of contract and the programme showing the delays to the project.

johnnyskeleton

Knowing the price of a horse is the most important thing in any negotiation, arbitration etc.

Particularly as you are studying to be a civil engineer, the test is probably more about how you come to a resolution of a price dispute rather than the form you use or the legal points you argue. So know what everything costs, based on reliable information, and you can't go too far wrong.