Construction Arbitration


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Construction Arbitration
Sep 2023

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In the construction industry, arbitration is still the major means of dispute resolution, particularly for large, complex projects. Yet parties frequently find the process foreboding and increasingly challenging. This book is addressed to employers, contractors and their consultants in the construction industry who have to make a decision to refer a matter to arbitration.
From the vantage of the parties, the focus is on the preparation and presentation of a party’s case in arbitration and the management of the process. The book examines factors which drive up the cost and time taken in arbitration, many of which are the subject of choices made by parties and can be managed to a significant extent. These factors include practical issues when selecting counsel, arbitrator and the management of the voluminous documentation and materials which have come to characterise construction arbitrations.

Among the 16 chapters are chapters discussing –
  • Commencement Matters (Chapter 3) – development of the case theory and selection of the arbitrator.
  • Conduct of Proceedings (Chapter 4) – management of procedural matters and documents.
  • Management of Costs in Arbitration (Chapter 5) – managing costs and cost savings considerations.
  • Documents and Evidence (Chapter 6) –gathering and organisation of evidence, requests for production and hearing bundles.
  • Statements and Pleadings (Chapter 7) – drafting approaches to cause papers, pleadings and the memorials approach.
  • Factual Witnesses (Chapter 8) – selection of witnesses, drafting of witness statements and preparations for examination.
  • Expert Evidence (Chapter 9) –selection of experts, instructing the expert, presentation of expert evidence.
  • Payments and Variations (Chapter 11); Delays and Extensions of Time (Chapter 12) and Termination (Chapter 13)

    Other chapters contain discussions on Arbitration Agreement and Construction Standard Forms (Chapter 2); Written Submissions (Chapter 10); The Award (Chapter 14); Interim Measures (Chapter 15) and Other Modes of Dispute Resolution (Chapter 16).




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