The Arbitration Act 1996 gives the parties involved in dilapidation disputes the power to control proceedings. Many leases do not have a general arbitration clause wide enough to enable application for the appointment of an arbitrator to be made under the lease. There is however nothing to prevent the parties agreeing to a third party determination.
The parties can agree to independent expert determination at any point in the dispute proceedings. This can be very cost effective especially if there are only one or two specific issues. Resolution of these issues could mean that all or a substantial element of the dispute could be dispensed with.


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