HOW SHOULD DISPUTE RESOLUTION BE FINAL?IntroThe number of disputes in the construction industry is increasing significantly, but it is secondary disputes , or "disputes about disputes", which this article is concerned with. If they have a professional and social purpose consisting of guaranteeing that the resolution of disputes complies with the applicable rules, they naturally raise the question addressed in this article: to what extent should we allow contestation of the process or the result; or “How final should dispute resolution be?” (Uff, 2010). The first point to make is that the standard forms then commonly used contained serious restrictions on what could be the subject of formal litigation. For example, until 1980 the JCT forms contained a conditional embargo on claims for defects after the final certificate had been issued, an issue which led to at least two major decisions by the House of Lords before the ban was imposed. is gradually lifted. After this incident, many secondary disputes arose over whether defect claims could be brought (Uff, 2010). The requirement of an engineer's decision as a prerequisite to the right to arbitrate has given rise to a glut of decisions, both in the English courts and in a succession of published and unpublished arbitral awards on the question of whether particular disputes had been properly dealt with, so as to give jurisdiction to the court (Uff, 2010). The Technology and Construction Court Before 1996, the parties generally had traditional jurisdiction. choice between arbitration or litigation. In both cases, as with forms of contract, the general approach was that decisions should be final, with some exceptions (Uff, 2010). However, two exceptions have been introduced. Firstly, to avoid the loss of the bus...... middle of paper ......h cannot be disputed afterwards. In the modern world, this cannot include third party decisions. This may include agreement elements such as deadlines and prices (Uff, 2010). In arbitration, if the procedure is subject to the autonomy of the parties, the right to challenge by appeal on a point of law is not, but it is subject to a major exception. to the extent that it is still possible to contract such a call – a provision that could be seen as increasingly out of touch with reality. Most commercial arbitration is subject to institutional rules (typically those of the London Court of International Arbitration or the International Chamber of Commerce) which instead exclude any appeal, thus representing another aspect of party autonomy. (Uff, 2010). Reference ListUff, J., 2010. How Final Should Dispute Resolution Be?, sl: Society Of Construction Law.