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HOW TO…

…utilise the CIArb Property Disputes Service By Lucy Chakaodza and Waj Khan han Illustration: Cameron Law “This confidential service is suitable for all commercial and residential property disputes”

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ONLINE

Join the debate at → www.twitter.com/ CIARBDAS → www.linkedin.com and search for CIArb-Dispute Appointment Service Lucy Chakaodza is PR and Communications Executive and Waj Khan is Property Disputes Appointments Service Manager at CIArb. For further information contact Waj Khan at Email wkhan@ciarb.org

FOR THOSE INVOLVED IN ANY type of property dispute, the CIArb Property Disputes Service (CIArb-PDS) offers efficient, flexible alternatives to court. Professionals advising their clients on how to manage and/or resolve property disputes should be able to highlight alternatives to traditional litigation which may be quicker and more cost-effective. CIArb-PDS offers a range of alternative dispute resolution (ADR) services, including arbitration, mediation and expert determination, and this confidential service is suitable for all commercial and residential property disputes.

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How to make an application

Where a contract contains a dispute resolution clause that nominates the President of CIArb to appoint a designated expert, CIArb -PDS will identify a suitably qualified practitioner to act as a neutral third-party resolver. This service is independent and impartial. However, even where the contract does not nominate the President, CIArb-PDS will still be able to assist you if the parties to the dispute may agree to approach

CIA CIArb. b Application A li ti forms f can be b downloaded from CIArb’s website. → www.ciarb.org/das

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Different types of property disputes

 Landlord and tenant Rent reviews, lease renewal and disputes over commercial and residential service charges  Easements rights of way Extent of and repairs of rights of way, general issues regarding extent and easement including drainage and water rights, as well as obstruction of rights of way  Professional disputes Claims by solicitors, architects and other professionals for outstanding fees in propertyrelated matters, as well as claims for professional negligence against solicitors, architects and other professionals for damages  Property ownership and interference Boundary disputes, nuisance by noise, encroachment or smell, and enforcement of restrictive covenant  Utilities Claims for damage caused by utilities to adjacent property

under statutory powers and claims by utilities for damage caused by third parties, including other utilities.

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How a property dispute resolver is appointed Each third-party resolver is selected on the basis that they are a suitably qualified practitioner with specialist knowledge in their field; other criteria that may be used to select the resolver include the geographic location of the parties and the nature of the dispute.

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Understanding the panel process

CIArb-PDS appoints third-party resolvers from several panels. These are comprised of CIArb members who are experienced practitioners, who have attained the appropriate level of qualification and experience. Panel members are regulated by CIArb and provide an independent and impartial service underpinned by integrity and professionalism. May 2013 | THERESOLVER

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