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Practice Area: Commercial Arbitration and Litigation

International Construction Arbitration Law by Jane Jenkins, Simon Stebbings




International Construction Arbitration Law
by: Jane Jenkins, Simon Stebbings
October 2006,  ISBN 9041123415
ISBN 13: 9789041123411
464 pp. Hardcover
Add to Shopping Cart: International Construction Arbitration Law - 9041123415 - 9789041123411 USD price: $222.00
          




Add to Shopping Cart: International Construction Arbitration Law - 9041123415 - 9789041123411

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:

• mediation,

• 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.





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 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 VI. Conclusion 14. Closing Thoughts I. Introduction II. The Response to ADR III. Introduction of New Technology IV. Cultural Contributions Annex, List of Cases, Index





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