ARBITRATION & PACT
List of Services
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ArbitrationList Item 3
Most rent review clauses provide for disputes to be resolved by way of Arbitration or Independent Expert Determination. Andy acts in both capacities.
Typically, a lease will provide that the parties should try to agree the identity of the third-party dispute resolver themselves. Failing agreement, the parties can apply to a body nominated in the lease to make the appointment. This will normally be RICS, but in rare cases it could be another body such as, for example, the Law Society.
Andy is commonly asked to accept private appointments by agreement between the parties.
Andy is also frequently appointed by the President of RICS.
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PACT (Professional Arbitration on Court Terms)List Item 4
By default, for Lease Renewals, the Dispute Resolution Process is the Court system. This can be slow and expensive.
The parties do have the option to obtain a consent order from the Court to have the dispute resolved by PACT. Once they have done so, an Arbitrator can resolve the dispute.
Whilst RICS do make PACT appointments, that is not the default position. Most PACT appointments are made by agreement between the parties and then endorsed by the Courts in the Consent Order.
Andy is regularly asked to accept private appointments by agreement between the parties.
If you would like to discuss any issue concerning Arbitration or PACT, then please do get in touch with Andy.