In this time of changing economic and political direction, it is important that chartered surveyors evolve and adapt their services and skills to enable their businesses to survive and thrive.
One area where surveying knowledge and skills is being brought to bear is in helping to resolve conflicts and disputes. There is increasing encouragement emanating from government and judiciary for the use of alternatives to the courts to resolve disputes. The dominant theme is that parties should have access to more nimble and cost-effective ways of settling disputes than litigation offers.
Parties desire quicker, cheaper and private alternatives to the courts, and arbitration is increasingly being adopted as the method of choice where disputes concern land, property and the built environment. It follows that chartered surveyors are well positioned to help their clients contend with the range of challenges involved in disputes, and a field of practice which offers them an opportunity to diversify is arbitration.
The future for the both the national and global economy is still uncertain, but disputes will inevitably occur in good times and bad. Whether a client is a landlord or tenant, or an employer or contractor, even the best of intentions and the most robust contract drafting cannot always prevent the risk of disputes between parties. Private individuals and businesses are increasingly conscious of the financial costs, delay and publicity that routinely comes with litigation, and, for many, arbitration is now recognised as a more effective way to resolve disputes.
Being a skilled arbitrator allows a surveyor to offer specialist services that are increasingly in demand, recession-proof, and transferrable across professional and industry sectors. As the demand for arbitration grows, so does the demand for arbitrators who are subject matter experts.
Arbitrators’ expertise is often of paramount importance, particularly where issues are highly technical in nature. Surveyors understand, and have immense experience in land, property and construction. More so than lawyers and other professionals. It is arguable that the key benefit of arbitration is that the parties can choose to have an arbitrator who is technically proficient in the issues at the heart of their dispute. Parties want arbitrators with experience in a market or industry, and who can understand, and thus give appropriate weight tol evidence and argument, without needing to have matters explained to them.
Arbitration is private and confidential, unlike court proceedings which are conducted in public. This can be particularly attractive to parties who would rather avoid having their commercial positions put under a spotlight for all to see. Another critical factor which attracts parties to arbitration is fairness and transparency. Claimants and respondents can trust arbitrators to be objective and remain impartial. Parties can have confidence in chartered surveyor arbitrators because they are not only regulated by arbitration law, but they are also subject to independent regulation by RICS. Professional integrity and impartiality are key components of the Royal Charter that governs all members of RICS.
There is evidence of an increasing appetite for the use of arbitration across a wide range of sectors where chartered surveyors routinely operate. Parties naturally want their problems to be resolved quickly and cost-effectively. This is giving rise to genuine opportunities for chartered surveyors to get involved and experience and expertise in arbitration proceedings.
Martin Burns
26 August 2025