Disputes not resolved by conciliation are referred to arbitration under the Capital Works Management Framework.
The CWMF Arbitration Rules for use with Public Works and Services Contracts (AR1) have been developed to facilitate the fair, expeditious, and efficient resolution of the disputes in arbitration, avoiding delay and unnecessary or disproportionate expense. The parties and the arbitral tribunal must take all steps reasonably required to facilitate that purpose.
CWMF Arbitration Rules (AR1) – v1.2 24/09/14 (DOC)
The arbitration clauses are specified according to contract as follows:
Public Works Contracts
Contract |
Arbitration Clause |
| PW-CF1 to PW-CF5 | Schedule Part 1 N |
| PW-CF6 | Does not apply |
| PW-CF7 | Schedule Clause 16.2 |
| PW-CF8 to PW-CF9 | Does not apply |
| PW-CF10 | Schedule 11, Part 3 |
Standard Conditions of Engagement
Contract |
Arbitration Clause |
| Standard Conditions of Engagement for Consultancy Services (Technical) |
COE1 Schedule Part A, Clause 16.5 |
| Standard Conditions of Engagement for Archaeology Services |
COE2 Schedule Part A, Clause 17.5 |