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FOR THOSE INVOLVED IN ANY type of property dispute, the CIArb Property Disputes Service (CIArb-PDS) off ers effi cient, fl exible alternatives to court. Professionals advising their clients on how to manage and/or resolve property disputes should be able to highlight alternatives to traditional litigation which may be quicker and more cost-eff ective. CIArb-PDS off ers a range of alternative dispute resolution (ADR) services, including arbitration, mediation and expert determination, and this confi dential service is suitable for all commercial and residential property disputes.
1 ⁄ How to make an applicationWhere a contract
contains a dispute resolution clause that nominates the President of CIArb to appoint a designated expert, CIArb -PDS will identify a suitably qualifi ed practitioner to act as a neutral third-party resolver. This service is independent and impartial. However, even where the contract does not nominate the President, CIArb-PDS will still be able to assist you if the parties to the dispute may agree to approach
CIArb. Application forms can be downloaded from CIArb’s website.
→ www.ciarb.org/das
2 ⁄ Diff erent types of property disputes
� Landlord and tenantRent reviews, lease renewal and disputes over commercial and residential service charges� Easements rights of wayExtent of and repairs of rights of way, general issues regarding extent and easement including drainage and water rights, as well as obstruction of rights of way� Professional disputesClaims by solicitors, architects and other professionals for outstanding fees in property-related matters, as well as claims for professional negligence against solicitors, architects and other professionals for damages� Property ownership and interferenceBoundary disputes, nuisance by noise, encroachment or smell, and enforcement of restrictive covenant� UtilitiesClaims for damage caused by utilities to adjacent property
under statutory powers and claims by utilities for damage caused by third parties, including other utilities.
3 ⁄ How a property dispute
resolver is appointedEach third-party resolver is selected on the basis that they are a suitably qualifi ed practitioner with specialist knowledge in their fi eld; other criteria that may be used to select the resolver include the geographic location of the parties and the nature of the dispute.
4 ⁄ Understanding the panel process
CIArb-PDS appoints third-party resolvers from several panels. These are comprised of CIArb members who are experienced practitioners, who have attained the appropriate level of qualifi cation and experience. Panel members are regulated by CIArb and provide an independent and impartial service underpinned by integrity and professionalism.
“This confi dential service is suitable for all commercial and residential property disputes”
…utilise the CIArb Property Disputes ServiceBy Lucy Chakaodza and Waj KhanIllustration: Cameron Law
Lucy Chakaodza is PR and Communications Executive and Waj Khan is Property Disputes Appointments Service Manager at CIArb. For further information contact Waj Khan at Email [email protected]
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May 2013 | THERESOLVER 9
ONLINE
Join the debate at → www.twitter.com/CIARBDAS→ www.linkedin.com and search for CIArb-Dispute Appointment Service
p9_Howto.indd Sec1:9p9_Howto.indd Sec1:9 20/03/2013 17:3020/03/2013 17:30
