International Construction Arbitration Law is a practical guide to dispute
resolution under construction contracts. The authors consider the full range
of available dispute resolution methods, including:
• conciliation, and
• determination by dispute review board or expert panel, before focusing
specifically on arbitration.
The book looks briefly at all aspects of arbitration, from commencement of
proceedings, through preparation and collection of the evidence necessary in
complex construction cases, to common procedural issues, the conduct of the
hearing and the effect of the award. It also provides guidance on the
effective administration of construction contracts and claims management, as
well as partnering and alliancing techniques that may avoid the need for
recourse to formal dispute resolution. In keeping with its practical focus,
the book includes checklists and executive summaries of key points, as well as
extracts from relevant institutional rules and other supporting materials.
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
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
8. Control of the
Arbitration I. Introduction II. Source of the Arbitral Tribunal’s
Powers III. General Principles IV. The Importance of Effective
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
11. Procedural Issues I. Introduction II.
Objective of Procedural Rules III. Derivation of Procedural Rules IV.
Contrasting Civil and Common Law Procedural Approaches V. Typical
Procedural Directions VI. Additional Issues VII. Administrative
Issues 12. The Conduct of the Hearing I.
Introduction II. Documents III. Submissions IV.
Presentation of Witness Evidence V. Practicalities and Other Issues
13. Effect of the Award I. Introduction
II. Challenging the Award III. Enforcement of the Award IV.
The New York Convention V. Other Bilateral and Multilateral Conventions
Closing Thoughts I. Introduction II. The Response to ADR III.
Introduction of New Technology IV. Cultural Contributions
Annex, List of Cases, Index