International Construction Arbitration Law

Author : Jane Jenkins
Publisher : Unknown
Page : 414 pages
File Size : 44,7 Mb
Release : 2013-11-22
Category : Law
ISBN : 9041149856

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International Construction Arbitration Law by Jane Jenkins Pdf

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 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.

Author : Renato Nazzini
Publisher : Taylor & Francis
Page : 373 pages
File Size : 54,8 Mb
Release : 2017-12-06
Category : Law
ISBN : 9781351984065

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Transnational Construction Arbitration by Renato Nazzini Pdf

Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.

Author : Stavros Brekoulakis
Publisher : Law Business Research Ltd.
Page : 280 pages
File Size : 46,5 Mb
Release : 2017-09-12
Category : Electronic
ISBN : 9781912377015

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Guide to Construction Arbitration by Stavros Brekoulakis Pdf

Global Arbitration Review's The Guide to Construction Arbitration - edited by Stavros Brekoulakis and David Brynmor Thomas - takes the reader through the essential details of preparing, mitigating and managing construction disputes internationally. These include preparing contracts and guarantees, setting up dispute boards, organising proceedings in arbitrations, analysing documents and evidence and navigating within particular industries and regions. With contributions from the world's leading experts, the Guide is organised into 4 sections: I. International Construction Contracts II. International Arbitration for Construction Disputes III. Select Topics on Construction Arbitration IV. Regional Construction Arbitration.

Author : Renato Nazzini
Publisher : Taylor & Francis
Page : 471 pages
File Size : 42,9 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781000448696

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Construction Arbitration and Alternative Dispute Resolution by Renato Nazzini Pdf

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

Author : Jürg Künzle
Publisher : Kluwer Law International B.V.
Page : 254 pages
File Size : 55,8 Mb
Release : 2020-07-16
Category : Law
ISBN : 9789403519944

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Multiple Contracts and Coordination in International Construction Projects by Jürg Künzle Pdf

International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.

Author : Haytham Besaiso
Publisher : Taylor & Francis
Page : 246 pages
File Size : 41,6 Mb
Release : 2023-10-03
Category : Law
ISBN : 9781000957136

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Decision-making in International Construction Arbitration by Haytham Besaiso Pdf

This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author’s research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties’ contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties’ claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators’ background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.

Author : Lukas Klee
Publisher : John Wiley & Sons
Page : 562 pages
File Size : 51,5 Mb
Release : 2015-01-07
Category : Law
ISBN : 9781118717905

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International Construction Contract Law by Lukas Klee Pdf

"Aimed at a global market so not oriented to any particular legal system, the book is useful to readers throughout the world"--

Author : John W. Hinchey,Troy L. Harris
Publisher : Thomson West
Page : 128 pages
File Size : 52,8 Mb
Release : 2008-01-01
Category : Arbitration and award, International
ISBN : 0314991972

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International Construction Arbitration Handbook by John W. Hinchey,Troy L. Harris Pdf

Author : Haytham Besaiso
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2023
Category : Arbitration and award
ISBN : 1003302726

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International Construction Arbitration Decision-making by Haytham Besaiso Pdf

"This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators, and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (300 cases) in addition to several hundreds of international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area and it will be useful to arbitration practitioners and scholars, and to the wider audience of dispute resolution students, practitioners and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, then offers insights into whether arbitrators in fact lean towards commercial and transnational norms to construe the parties' contract, before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties' claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators' background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution"--

Author : Edward Davies,Peter Fenn,Michael O'Shea
Publisher : Routledge
Page : 888 pages
File Size : 54,7 Mb
Release : 2005-10-05
Category : Architecture
ISBN : 9781135807542

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Dispute Resolution and Conflict Management in Construction by Edward Davies,Peter Fenn,Michael O'Shea Pdf

Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Author : Crina Baltag,Cosmin Vasile
Publisher : Kluwer Law International B.V.
Page : 406 pages
File Size : 44,5 Mb
Release : 2019-12-11
Category : Law
ISBN : 9789403502113

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Construction Arbitration in Central and Eastern Europe by Crina Baltag,Cosmin Vasile Pdf

Construction Arbitration in Central and Eastern Europe Contemporary Issues Edited by: Crina Baltag & Cosmin Vasile The successful execution of a construction project is inextricably linked to the management of risks and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects in the region is highly relevant to international arbitration. Thus, this timely book provides a combination of local expertise and cross-jurisdictional perspectives on topics that most often emerge in construction disputes and which resonate far beyond the specific region covered. The authors, all practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following topics: the peculiarities of evidence in construction disputes; the probative value of dispute boards, as well as their enforceability; multi-party issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors; provisional measures; arbitrability of contracts with public authorities; issues of liquidated damages; changes of legislation and costs over passage of time; time bar issues; and resolution of disputes related to construction projects as protected investments. Given the increasing number of disputes and the scarce resources available, this essential guide to contemporary topics in construction disputes, with its cross-border perspective, will prove invaluable to practitioners and to academics in the field of construction law and dispute resolution.

Author : Wendy Kennedy Venoit
Publisher : Unknown
Page : 484 pages
File Size : 52,5 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134482319

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International Construction Law by Wendy Kennedy Venoit Pdf

YA roadmap to the most important ethical considerations facing legal practitioners in multi-jurisdictional construction practice.

Author : Dimitar Kondev
Publisher : John Wiley & Sons
Page : 408 pages
File Size : 43,6 Mb
Release : 2017-01-23
Category : Law
ISBN : 9781119251781

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Multi-Party and Multi-Contract Arbitration in the Construction Industry by Dimitar Kondev Pdf

Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

Author : Lukas Klee
Publisher : John Wiley & Sons
Page : 858 pages
File Size : 42,7 Mb
Release : 2018-10-22
Category : Law
ISBN : 9781119430384

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International Construction Contract Law by Lukas Klee Pdf

The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author — an expert in international construction contracts — puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: • Updated material in terms of new FIDIC and NEC Forms published in 2017 • Many additional vignettes that clearly exemplify the concepts presented within the text • Information that is appropriate for a global market, rather than oriented to any particular legal system • The essential tools that were highlighted the first edition such as sample letters, dictionary and more • A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.

Author : Renato Nazzini
Publisher : Taylor & Francis
Page : 272 pages
File Size : 44,8 Mb
Release : 2024-07-30
Category : Law
ISBN : 9781040085370

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Construction Law in the 21st Century by Renato Nazzini Pdf

Marking the 35th anniversary of the Centre of Construction Law & Dispute Resolution at King’s College London, this volume brings together a large and illustrious group of contributors to create a comprehensive and authoritative guide cutting across all key areas of contemporary construction law, ranging from construction arbitration to procurement and contract law. It takes an international approach to construction law and considers issues such as investor-State dispute settlement, insolvency and liquidated damages in civil law and common law jurisdictions and procurement from a comparative perspective, as well as certain key common law/English law topics (such as fitness for purpose) that are of relevance to an international audience. The book provides detailed and practical guidance to the legal framework of the construction industry for barristers, solicitors, arbitrators, adjudicators, academics, contract managers, construction consultants and quantity surveyors, among others.