Society Of Construction Arbitrators
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Society Of Construction Arbitrators
The Society of Construction Arbitrators is a learned society of arbitrators, adjudicators and mediators in the construction industry, based in London. It has as its object the development and support of commercial methods of alternative dispute resolution. Members of the Society include architects, engineers, surveyors and lawyers from around the world.- - Publications The society has published the Construction Industry Model Arbitration Rules (CIMAR), which since being adopted as the standard by the Joint Contracts Tribunal The Joint Contracts Tribunal, also known as the JCT, produces standard forms of contract for construction, guidance notes and other standard documentation for use in the construction industry in the United Kingdom. From its establishment in 1931, J ..., have been widely used for dispute resolution in the industry. A less widely used publication is the 100-day Arbitration Rules. References External links Society of Construction ArbitratorsJCT version of C ...
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ...
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Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved. Adjudication can also refer to the processes at dance competitions, in television game shows and at other competitive forums, by which competitors are evaluated and ranked and a winner is found. Legal processes Adjudication may be defined as "the legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a determination. It indicates that the claims of all the parties thereto have been considered and set at rest." In some cases, an applicat ...
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Mediation
Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two o ...
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Construction
Construction is a general term meaning the art and science to form objects, systems, or organizations,"Construction" def. 1.a. 1.b. and 1.c. ''Oxford English Dictionary'' Second Edition on CD-ROM (v. 4.0) Oxford University Press 2009 and comes from Latin ''constructio'' (from ''com-'' "together" and ''struere'' "to pile up") and Old French ''construction''. To construct is the verb: the act of building, and the noun is construction: how something is built, the nature of its structure. In its most widely used context, construction covers the processes involved in delivering buildings, infrastructure, industrial facilities and associated activities through to the end of their life. It typically starts with planning, financing, and design, and continues until the asset is built and ready for use; construction also covers repairs and maintenance work, any works to expand, extend and improve the asset, and its eventual demolition, dismantling or decommissioning. The constructio ...
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London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Romans as '' Londinium'' and retains its medieval boundaries.See also: Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national government and parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London, governed by the Greater London Authority.The Greater London Authority consists of the Mayor of London and the London Assembly. The London Mayor is distinguished fr ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ...
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Architect
An architect is a person who plans, designs and oversees the construction of buildings. To practice architecture means to provide services in connection with the design of buildings and the space within the site surrounding the buildings that have human occupancy or use as their principal purpose. Etymologically, the term architect derives from the Latin ''architectus'', which derives from the Greek (''arkhi-'', chief + ''tekton'', builder), i.e., chief builder. The professional requirements for architects vary from place to place. An architect's decisions affect public safety, and thus the architect must undergo specialized training consisting of advanced education and a ''practicum'' (or internship) for practical experience to earn a Occupational licensing, license to practice architecture. Practical, technical, and academic requirements for becoming an architect vary by jurisdiction, though the formal study of architecture in academic institutions has played a pivotal role in ...
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Engineer
Engineers, as practitioners of engineering, are professionals who invent, design, analyze, build and test machines, complex systems, structures, gadgets and materials to fulfill functional objectives and requirements while considering the limitations imposed by practicality, regulation, safety and cost. "Science is knowledge based on our observed facts and tested truths arranged in an orderly system that can be validated and communicated to other people. Engineering is the creative application of scientific principles used to plan, build, direct, guide, manage, or work on systems to maintain and improve our daily lives." The word ''engineer'' (Latin ) is derived from the Latin words ("to contrive, devise") and ("cleverness"). The foundational qualifications of an engineer typically include a four-year bachelor's degree in an engineering discipline, or in some jurisdictions, a master's degree in an engineering discipline plus four to six years of peer-reviewed professiona ...
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Surveying
Surveying or land surveying is the technique, profession, art, and science of determining the terrestrial two-dimensional or three-dimensional positions of points and the distances and angles between them. A land surveying professional is called a land surveyor. These points are usually on the surface of the Earth, and they are often used to establish maps and boundaries for ownership, locations, such as the designed positions of structural components for construction or the surface location of subsurface features, or other purposes required by government or civil law, such as property sales. Surveyors work with elements of geodesy, geometry, trigonometry, regression analysis, physics, engineering, metrology, programming languages, and the law. They use equipment, such as total stations, robotic total stations, theodolites, GNSS receivers, retroreflectors, 3D scanners, LiDAR sensors, radios, inclinometer, handheld tablets, optical and digital levels, subsurface locators, d ...
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Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specia ...
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JAMS (alternative Dispute Resolution)
JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. is a United States–based for-profit organization of alternative dispute resolution (ADR) services, including mediation and arbitration. H. Warren Knight, a former California Superior Court judge, founded JAMS in 1979 in Santa Ana, California. A 1994 merger with Endispute of Washington, D.C. made JAMS into the largest private arbitration and mediation service in the country. It is one of the major arbitration administration organizations in the United States. As of 2017, JAMS has 27 resolution centers, including its headquarters in Irvine, California and centers in Toronto and London. JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases. JAMS administers a few hundred consumer arbitration cases per year. JAMS's Consumer Minimum Standards have been the subject of scholarly commentary. A policy promulgated by JAMS in 2004 that would have allowed for class a ...
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Chartered Institute Of Arbitrators
The Chartered Institute of Arbitrators (abbreviated as CIArb) is a professional organisation representing the interests of alternative dispute resolution (ADR) practitioners. Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979. History The Chartered Institute of Arbitrators was founded as the Institute of Arbitrators on 1 March 1915 and became registered as a charity in the United Kingdom in 1990. It was founded as an unincorporated association by H.C. Emery (a solicitor and chartered secretary), F.M. Burr (an architect), I. W. Bullen (an accountant), A. Powells (profession unknown) and A. Stevens (a solicitor). The aim of the Institute was 'to raise the status of Arbitration to the dignity of a distinct and recognised position as one of the learned professions. The first Secretary of CIArb was H.C. Emery, one of the founders, and the first offices were at 32 Old Jewry, London EC2. The first President, elected in June 1915, was Rowland Allanson ...
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