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 second edition of this eminently practical guide greatly facilitates the process for all parties concerned.
The text, now updated to include the latest edition of arbitral rules, considers 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;
- 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 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.
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 managea construction contract during the lite 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.