Don't Blame The Builder Tony Bingham Talks Arbitration

Date Published:

11/08/2008

If you've fallen out with your builder and haven't been able to come to an agreement, you may wonder what to do next. Tony Bingham from Channel 4 show Don't Blame The Builder explains how arbitration, an alternative to court action, can help.

Q: Typically, at what point is an arbitrator called in?

Tony: Arbitration is a judicial process. Typically an arbitrator is called in when all else has failed. The powers of an arbitrator are similar to those of a judge.

Q: In your experience, could many cases be solved without an arbitrator?

Tony: Yes; either by sensible negotiation or by using a mediator. (A mediator has no powers over the parties - the role is to merely coax the parties to a solution of their own).

Q: What is an arbitrator's role?

Tony: It is to adjudicate the case presented by the parties. In other words, do different to the task of a judge. The advantage is that the arbitrator is invariably dual qualified – he's a creature of the industry within which he arbitrates. For example, I am a barrister and, originally, a building surveyor.

Q: How do you go about solving problems – is there a set of guidelines you adhere to?

Tony: The main rules are "The Arbitration Act 1996". The task is to require each party to present its arguments on each issue. The arbitrators' decisions are based upon the terms of the building contract ("Rights & Duties") together with evidence of the facts and events in dispute.

The arbitrator is not there to rummage for information, nor conduct an investigation, nor be a detective. An arbitrator is a referee, judging the contestants' performance. The arbitrator is not there to assist either party make a better case.

Q: Presumably you are unbiased – how is your bill settled and how is that agreed?

Tony: Yes; the arbitrator is obliged in law to disclose any conflict of interest or bias, actual or ostensible. As to fees, the parties are jointly liable to the arbitrator. In the final award, the arbitrator will decide which party bears the costs. In other words, the overall loser may cop it for all the costs.