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level 3

Dispute Resolution Procedures

Course L3:05

This course will centre on the third party dispute resolution procedures available to agents and surveyors in connection with rent review, lease renewal and dilapidations case work. The roles of arbitrator and independent expert will be contrasted and explored.

Useful Pre-Requisites: Course L1:04 (Business Tenancies), Course L2:01 (Commercial Rent Reviews), Course L2:06 (Lease Renewals: Advanced Matters) and L3:02 (Roles & Duties of the Expert Witness)

Framework:
  • The role of the arbitrator
  • Arbitration Act 1996
  • Appointment and jurisdiction
  • Directions
  • Arbitral procedures
  • Evidence
  • The Award
  • Appeals
  • Fees
  • Role of the Independent Expert (IE)
  • Appointment and powers of IE
  • Acting ultra vires
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