Before proceeding, the parties will need to agree to arbitrate using the BDT Arb-Med Rules. This can be done in one of two ways:
- there may be a clause in the contract under which the parties’ dispute has arisen which states that the parties have agreed to refer any dispute to Arbitration under the BDT Arb-Med Rules, for example:
Any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, will be referred to and finally resolved by arbitration in accordance with the Arb-Med Rules of the Building Disputes Tribunal.or
parties to an existing dispute, whether or not there is an arb-med clause in any underlying contract, may agree to refer that dispute to Arbitration under the Arb-Med Rules of the Building Disputes Tribunal by signing the Arb-Med Agreement at Appendix 5 to those Rules.
NOTE: if a party is relying on the Arb-Med Agreement found in a clause in the underlying contract, they will need to serve a Notice of Arb-Med on the other party or parties to the dispute prior to applying for Arb-Med. This is not required where the parties have signed the BDT Arb-Med Agreement.