Is this not a clear breach of contract not requiring any arbitration? What has your solicitor advised?
Usually a clause for concilliation as well, less formal than arbitration proceuure. Bear in mind also that arbitral award is final (i.e. no course of appeal). In my experince, used quite commoinly in land / lease disputes. Usually, an arbitrator heards each side and awards pretty quickly.
The arbitration process is in Ireland is becoming more like the courts. Takes a similar length of time and can cost just as much if not more (you have to pay the arbitrator). If you win you are entitled to your costs just like in court (obviously there are rules in relation to this and you should discuss this issue with your solicitor)
Your solicitor should be able to tell you what issues you should consider in proceeding to arbitration (just like he would if you were issuing proceedings in court). Never go down this route lightly as it can be long and expensive.
A clever solicitor might be able to get around the arbitration clause (some times a developer might not even realise the dispute is subject to arbitration) and bring the matter through the courts which the developer might not like as it would be on public record and therefore open to scrutiny by the press.
Good luck with it.
S
Arbitration can sometimes be more expensive than the courts. An arbitration will have 2 sets of lawyers to be paid as in court but the arbitrator must also be paid, and they are not cheap. Typically 400 per hour. Judges are, apart from a small fee to the court, free. The arbitrator has no vested interest in getting through the case quickly (He's getting paid by the hour!) whereas a judge will have a long list of cases to dispose of. Judges are also typically more pro-active in getting through things put in front of them whereas and arbitrator can ask for all sorts of experts etc. Judges tend to be more favourable towards joe punter rather than big builders. You might talk to your solicitor about his previous experience of arbitration and ask him to talk to a barrister practicing in building arbitration/law about your case.
I think you should look at the contract first to see if there is a remedy, breach or term in there that will allow you to repudiate the contract. That is the first thing to rule out before leaping to arbitration or court, seriously a Builder versus a homeowner. Have you asked to be released from the contract due to the time delay ? Is the completion date an express or implied term within the agreement? Can you apply for equitable relief that is have there been broken promises ?
I'm sorry but Roytheboyo are you for real?
It is very unusual to fix the cost of the arbitration prior to the arbitration proceeding. It is also unwise to say there is no need for legal reprentation for a dispute. It totally depends on the matter in dispute.
To be honest from your description you seem to be referring to a holiday dispute and are not taking in to consideration the original posters query which relates to the purchase of a house which is taking longer than contracted for.
As previously indicated by many posters Foxylady should take legal advice on this matter.
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