If a dispute between the parties cannot be resolved through DRP then either party may consider taking action through the courts. Under the WIDP Contract (Clause 100) the parties agree that they submit to the exclusive jurisdiction of the Courts of England and Wales and that the Contract, and any non contractual obligations arising, should be governed by the laws of England and Wales.
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Example When Suffolk CC needed to agree the DRP Panel Members with their Contractor they approached the Institution of Civil Engineers to obtain a long list of potential members. Form this long list a listing of six was agreed with the Contractor. The professional backgrounds of the six individuals all with substantial arbitration experience were: • Arbitrator and Adjudicator / Engineer; • Barrister and Arbitrator / Engineer; • Principal, Construction Company / Engineer; • Barrister, Arbitrator, Mediator and Adjudicator / Architect; • Barrister / Engineer; and • Barrister and Arbitrator / Engineer. The panel of three will be drawn from this list as and when needed. |