Construction Industry Model Arbitration Rules CIMAR
Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute.
The Construction Industry Model Arbitration Rules (CIMAR) were produced by the Society of Construction Arbitrators and introduced following the 1996 Arbitration Act. The rules have no statutory status and depend upon voluntary incorporation into contracts. They have been widely used for dispute resolution in the industry since being adopted as the standard by the Joint Contracts Tribunal (JCT).
According to CIMAR: 'The objective of the rules is to provide for the fair, impartial, speedy, cost-effective and binding resolution of construction disputes, with each party having a reasonable opportunity to put his case and to deal with that of his opponent.'
Once the arbitrator has been appointed under these rules, the parties may not, without the arbitrator's agreement, amend the rules or impose procedures in conflict with them. The rules apply where:
- A single arbitrator is to be appointed.
- The seat of the arbitration is in England, Wales or Northern Ireland.
The rules deal with the following areas:
- Beginning and appointment.
- Particular powers.
- Procedure and evidence.
- Form of procedure and directions.
- Short hearing.
- Documents only.
- Full procedure.
- Provisional relief.
- Default powers and sanctions.
- Awards and remedies.
Related articles on Designing Buildings Wiki:
- Alternative dispute resolution.
- Arbitration Act.
- Causes of construction disputes.
- Dispute resolution boards.
- NEC contract change management systems.
- NEC early contractor involvement.
- Pendulum arbitration.
- Provisional relief.
- Target cost.
 External references
Featured articles and news
What will the General Data Protection Regulations (GDPR) mean for you when they come into force in May?
Business Secretary chairs a new taskforce to monitor and advise on mitigating the impacts of Carillion’s liquidation.
Sir John Armitt is appointed the new chair of the National Infrastructure Commission.
High quality and high density homes - is it what we need or is it storing up trouble?
Government announces its intention to strengthen planning rules to protect music venues and neighbours.
National Audit Office reports that there is little evidence that PFI offers better value than other forms of contracting.
What is liquidation and how does it apply to contractors in the construction industry?
Scrutiny is placed on Carillion's controversial 2013 decision to extend subcontractor payment terms to 120 days.
RSHP unveil their involvement in a boundary crossing which will provide a new entry point into Hong Kong.
With PFI currently under the spotlight due to Carillion, this introductory article explains what they are.
Estimates suggest that up to 30,000 small firms could be at risk of non-payment as a result of Carillion's collapse.