The appointed surveyor as arbitrator

David Bowden (David Bowden is a former employee of John Anstey, and a Chartered Building Surveyor and Principal of David Bowden & Associates. He specialises in party wall and associated work and is an occasional writer and public speaker on these subjects. He speaks two and a quarter languages and considers a Land Rover to be ideal for London traffic.)

Structural Survey

ISSN: 0263-080X

Publication date: 1 December 2000

Abstract

This paper considers the legal status of a surveyor appointed under section 10 of the Party Wall etc. Act 1996. By reference to that Act as well as to the Arbitration Act 1996, the European Convention and to rules of natural justice it argues that the section 10 procedure is a statutory arbitration. It therefore argues that the appointed surveyor is an arbitrator who must be independent, act impartially, and be immune from suit. It also suggests that surveyors’ awards can be adopted as judgments by the courts and that they can only be appealed against provided the strict appeals criteria of the Arbitration Act are met.

Keywords

Citation

Bowden, D. (2000), "The appointed surveyor as arbitrator", Structural Survey, Vol. 18 No. 5, pp. 199-204. https://doi.org/10.1108/02630800010360038

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Publisher

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MCB UP Ltd

Copyright © 2000, MCB UP Limited

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