Overview

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. This eminently practical guide greatly facilitates the process for all parties concerned. The authors - both leading practitioners in the field - consider the full range of available dispute resolution methods, including mediation, conciliation, and (increasingly common in international construction disputes) determination by dispute review boards or expert panels, before focusing specifically on arbitration. The book then looks in detail 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, the effect of the award, challenges to it and its enforcement. Specific valuable features include the following: guidance on drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; details of the key features of a construction contract and common standard forms; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration; 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. In keeping with its practical focus, the book includes key extracts from relevant institutional rules, sample clauses, and other supporting materials. As an easy-to-use resource for both general counsel and lawyers in private practice, this book has no peers. It is of particular value to corporate counsel who may have many years of experience as commercial contract negotiators 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.

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9789041123411

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