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CHAPTER 11 The TCC and arbitration

Litigation in the technology and construction court

Page 141


The TCC and arbitration

The TCC and arbitration

11.1 Arbitration is seen more as a rival to litigation as a means of dispute resolution than complementary to it, as might mediation, ENE and the like be considered. The comparative advantages and disadvantages are explained in Chapter 1. Although effectively competing for work, there are aspects in which the TCC retains a role in the supervision and regulation of arbitration, and appeals from arbitration. Much like in its approach to other ADR, the policy which drives the TCC approach is one of supporting the arbitral process if that is how parties have decided to resolve their disputes. This chapter explains some of the key aspects in which the TCC supports the arbitral process, and the involvement of the TCC in appealing the decision of an arbitrator.

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