Winners, Losers and a Coda on Good Faith

Sir Rupert Jackson

March 2020

A paper presented at the Society of Construction Law Annual Spring Conference in Leeds on 6th March 2020

Sir Rupert Jackson raises the questions that commonly arise at the end of construction arbitrations: Who has won? Who gets costs? These are not always easy questions for judges and arbitrators to answer. This paper takes the reader through the relevant authorities and suggests a list of seven principles governing who is the successful party, taking into account any advantageous or, in arbitration, any 'near miss' offers. The author goes on to explain how an arbitral tribunal's fees are apportioned. In the second part of the paper, the author adds a coda on 'good faith' provisions and his response to the use of such express or implied provisions to generate specific obligations.

Winners and losers - The cases - The principles - The tribunal's fees - A coda on good faith

The author: Sir Rupert Jackson is a retired Lord Justice of Appeal and a former President of the Society of Construction Law.

Text: 7 pages