International Construction Arbitration Law

by Jane Jenkins

Overview

Arbitration in Context Series Volume 1

There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The third edition of this eminently practical guide greatly facilitates the process for all parties concerned.

The text, updated to include the latest edition of arbitral rules and introducing the Prague Rules, considers the full range of available dispute resolution methods, including mediation, conciliation and determination by dispute review boards, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, selection of the tribunal, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. The third edition addresses fresh thinking on MedArb, guidance on preparation for and conduct of virtual hearings in the wake of COVID-19, technological advances to assist collection and presentation of evidence, litigation funding and includes a new chapter on the role of arbitration in tender disputes.

Specific valuable features include the following:

• guidance on the drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution;
• flowcharts to illustrate the stages in dispute procedures and arbitration;
• a comparison between common law and civil law approaches to key concepts;
• details of the key features of a construction contract, common standard forms and procurement structures;
• expert guidance on effective contract administration;
• step-by-step advice on the conduct of a construction arbitration to maximise efficiency; and
• coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal.

As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution.

Product Details

ISBN-13:	9789403530437
Publisher:	Wolters Kluwer
Publication date:	02/10/2021
Edition description:	3rd ed.
Pages:	528
Product dimensions:	6.30(w) x 9.80(h) x 1.30(d)

Table of Contents

Preface, Acknowledgement, 1. Introduction I. What is Special about International Construction Disputes? II. The Aims of this Book and its Scope III. The Intended Audience IV. A practical Guide 2. Key Features of Construction Contracts I. Introduction II. Key Players III. Key Documents in a Construction Contract IV. Forms of Contractual Structure V. Pricing Methodologies VI. Payment Arrangements VII. Administration of the Contract VIII. Variation Orders IX. Completion, Extensions of Time and Liquidated Damages X. Liability XI. Project Security XII. Project Financed Construction Projects 3. Dispute Avoidance and Resolution I. Introduction II. Dispute Avoidance III. Options for Tiered Dispute Resolution Procedures IV. BITs and MITs V. Related Provisions VI. Drafting Checklist 4. Claims Administration I. Introduction II. Early Warning Provisions III. Requirements for Provisions of Particulars IV. Conditions Precedent to Claims V. Rights to Access to Information VI. Audit Rights VII. ‘Keep Working’ Provisions VIII. Provision for Communication/ Reporting Lines IX. Partnering and Alliancing X. Effective Contract Management 5. Adjudication and Dispute Review Boards I. Introduction II. Commencing the Reference III. The Powers of the Dispute Review Board IV. Do the Rules of Natural Justice Apply to Dispute Review Boards? V. Institutional Rules VI. Comparison of Rules and Procedures for Dispute Adjudication Boards/ Dispute Review Boards VII. Finding the Best Approach VIII. The Dispute Review Board’s Decision 6. Form of ADR I. Introduction II. Types of ADR III. Which ADR Technique Should be Used? IV. ADR’s Interface with Arbitration 7. Commencement of an Arbitration I. Introduction II. Selection of the Tribunal III. The Parties: Joinder/ Consolidation IV. The Request for Arbitration V. Selection of the Parties’ Representatives VI. Conclusion 8. Control of the Arbitration I. Introduction II. Source of the Arbitral Tribunal’s Powers III. General Principles IV. The Importance of Effective Case Management 9. Preparation and Collection of Evidence I. Introduction II. The Value of a Chronology and Other Aids III. Document Management IV. Scott Schedules V. Evidence Required for Common Construction Claims VI. Expert Evidence 10. Programme Analysis I. Introduction II. Date for Completion and the Role of the Programme III. Critical Path and Delay Analysis IV. Concurrent Delay V . Ownership of Float