Arbitration

We handle all commercial contract dispute arbitration for businesses and companies of all sizes as well as for individuals pursuant to contracts and pursuant to the Commercial Arbitration Act

We also specialise in all building and construction dispute resolution and litigation matters. Our clients include all building and construction companies, engineering firms, mining services companies, property developers, contractors, subcontractors, civil contractors and suppliers in a variety of building and construction disputes.

Building and construction contracts usually contain a dispute resolution clause.

The process is usually that one party has to issue the other party with a Notice of Dispute, then within a certain number of days, the parties have to meet and try and resolve the dispute in good faith, and then, if the dispute cannot be resolved, the dispute will be referred to arbitration. This process depends on the particular building and construction contract.

Arbitration is a formal dispute resolution process where the dispute is determined by an independent third person (the arbitrator).

In Western Australia, arbitration under a building and construction contract is conducted under the Commercial Arbitration Act 2012 (WA) (which replaced the Commercial Arbitration Act 1985 (WA)). 

We can give advice on disputes in building and construction contracts.

We can also prepare Notices of Dispute and applications for adjudication and represent parties in an arbitration.

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