Arbitration Rules for use with Public Works and Services Contracts

Disputes not resolved by conciliation are referred to arbitration under the Capital Works Management Framework.

Guidance

It is recommended you read Guidance Note GN 3.1.1 Dispute Resolution for further information.


The arbitration clauses are specified according to contract as follows:

Public Works Contracts

PW-CF1 to PW-CF5 Schedule Part 1 N

PW-CF6 Does not apply

PW-CF7 Schedule Clause 16.2

PW-CF8 to PW-CF9 Does not apply

PW-CF10 Schedule 11, Part 3

Standard Conditions of Engagement

Standard Conditions of Engagement for Consultancy Services (Technical):
Arbitration Clause: COE1 Schedule Part A, Clause 16.5

Standard Conditions of Engagement for Archaeology Services:
Arbitration Clause: COE2 Schedule Part A, Clause 17.5

Key measures include:

  • encouraging early resolution through structured co‑operation
  • appointing Standing Conciliators to chair Project Boards on major projects
  • maintaining fast-track arbitration alongside options for more complex cases

The Alternative Dispute Resolution (ADR) reforms, informed by an independent review and industry consultation, aim to reduce disputes and improve cost and time certainty.

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