Construction arbitration

Artificial Intelligence, Construction arbitration, ESG, SCC, Sport arbitration, Sweden

(SCC Arbitration Institute) and (Magnusson)/ /Leave a comment

On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. skiljeförfarandedagen) at the historic Central Post Office Building (Sw. Posthuset), the home of the Stockholm International Hearing Centre (SIHC). This year, YAS celebrates a milestone of 20 years since its founding and the larger venue reflects the ongoing success of…

Advance on Costs, Construction, Construction arbitration, Costs, Costs in arbitral proceedings, Dubai, UAE, UAE Federal Arbitration Law

(Al Owais Advocates & Legal Consultants)/ /Leave a comment

In a judgment issued by the Dubai Court of Cassation (“COC”) on 8 June 2023  (Dubai Court of Cassation No. 1514/2022 Commercial), the COC confirmed that the condition precedent of referring the dispute to the engineer prior to filing arbitral proceedings is an issue pertaining to admissibility, not jurisdiction. The same judgment also provided insight…

Construction, Construction arbitration, English courts, English Law, LIDW2022

(Queen Mary University)/ /Leave a comment

On the fourth day of the LIDW22, the session on “Changes in construction and infrastructure disputes: 2022 and beyond” looked at how construction contractors and employers have found ways to either avoid liability or impose extended liability on their counterparties. It also examined how English law has responded to these new developments. The conference was…

Construction arbitration, ICDR, M&A

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On 20 October 2021, the Bucharest International Arbitration Court (“BIAC”) and the American Arbitration Association – International Centre for Dispute Resolution (“ICDR”) held a conference on the latest arbitration trends and the new ICDR International Dispute Resolution Procedures (“Conference”). The Conference kicked off with a welcome speech by Annet van Hooft (FCIArb, BIAC Honorary President,…

Arbitration Agreements, Construction arbitration, Dubai, MENA

, (MRP Advisory)/ /Leave a comment

The Dubai Court of Cassation, in its recent judgement, DCC 1308 of 2020, explored the effect of incorporation of arbitration clauses by reference. Typically, “incorporation by reference” refers to parties agreeing to incorporate arbitral clauses found in separate standard-form agreements (“SFAs”) into the agreement between the parties by making reference to the same. Such reference…

Construction, Construction arbitration, Expert evidence, Experts

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

This post is a non-exhaustive summary of an online ICC YAF conference organised on 27 May 2021 primarily for the benefit of the Romanian and Moldovan practitioners, but with the participation of international practitioners having a general interest in construction arbitration in Eastern Europe. The conference comprised two panel discussions, each one debating one of…

Brexit, Construction, Construction arbitration, International Law Talk, Kluwer Podcast, Podcast, Public Contract, Public contract disputes, Tender Dispute, Transparency

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…

Construction arbitration, Costs, Costs in arbitral proceedings, Middle East

, (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

Each of the major arbitral institutions requires that parties furnish some form of advance on costs before an arbitration can proceed. The advance on costs is a deposit paid by the parties to cover fees and expenses of the tribunal and the institution’s administrative expenses (“Advance”). Whilst payment of an Advance is often perceived as…

Aviation, Construction, Construction arbitration, COVID-19, Energy, Financial Industry, Insurance, Procedure, Remote hearings, Virtual hearings

(WilmerHale & Queen Mary University of London), (ArbBoutique), and (Zulficar & Partners)/ /Leave a comment

This is the second of a two-part blog post series for an upcoming publication titled International Arbitration and the COVID-19 Revolution edited by us. As detailed in Part 1 of this series, the book contains 17 chapters from 31 leading international arbitration practitioners. The focus of the contributions range from procedural topics in international arbitration…

Construction, Construction arbitration, Pre-arbitral procedure, Pre-arbitration Dispute Settlement Procedures, technology industry

(Al Tamimi & Company)/ /Leave a comment
Asian International Arbitration Centre (AIAC)

Over the past decade, technology has been seeping into our everyday life at an exponential rate. Accordingly, much like any other industry with rapid growth, contractual agreements are required to form the framework in which lasting relationships can be maintained and provide for mutually beneficial dispute resolution mechanisms (“DRMs”). As we introduce technology into almost…

Construction, Construction arbitration, COVID-19, Denmark, Energy, Infrastructure, Paris Arbitration Week, Prague Rules, United Arab Emirates, USA, Webinar

(Hogan Lovells)/ /Leave a comment

How severely are international construction projects affected by global COVID-19 pandemic? What does the COVID-19 pandemic mean for international construction disputes? As with so many other questions arising in relation to the pandemic, these questions will only be answered definitively in retrospect. For construction arbitration practitioners though, one of the immediate and graspable effects has…

Applicable Law, Construction arbitration, judicial review, UNCITRAL Model Law

(PotamitisVekris Law Firm)/ /Leave a comment

In a recent decision in XPL Engineering ltd. v. K & J Townmore Construction ltd. [2019] IEHC 665, the Irish High Court decided to refer a construction dispute to arbitration on an application by the defendant, K & J Townmore Construction Ltd, for an order under Article 8 (1) of the UNCITRAL Model Law referring…

Construction arbitration, Corruption, Latin America, Res Judicata, Standard of Proof, Third Party

, (Philippi Prietocarrizosa Ferrero DU & Uría)/ /Leave a comment

The Ruta del Sol arbitral award was one of the most important awards in 2019 in Colombia and possibly in the entire region. The arbitral tribunal sitting to resolve the Ruta del Sol arbitral proceeding (the “Tribunal”) determined the consequences of securing an infrastructure concession contract in Colombia through corrupt practices and served as pioneers…

Construction, Construction arbitration, Exclusionary Clauses, India, International Arbitration Procedures, International Commercial Arbitration, SCL-CIArb, UAE, UNIDROIT Principles of International Commercial Contracts

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A 3-day International Conference on Construction Law & Arbitration was held in December 2019 in New Delhi, co-hosted by the Society of Construction Law-India and the Chartered Institute of Arbitrators-India. During the course of their presentations, the panelists discussed various topics ranging from trends in construction law in the context of arbitration across global jurisdictions…

Construction, Construction arbitration, Energy, Infrastructure, Third party funding

, (Hogan Lovells)/ /Leave a comment

It is well known that disputes arising from the realisation of major energy and infrastructure projects are often exceptionally complex, long, and expensive. They are of high factual and technical complexity with a great volume of evidence, witnesses and experts and involve multiple parties with the fragmentation of responsibilities. As such, one of the main…

Adjudication, Arbitration, China, Construction arbitration, HK Arbitration Week, HKIAC, Hong Kong

(Hogan Lovells), (Allen & Overy), and (Morrison & Foerster)/ /1 Comment

As Hong Kong Arbitration Week 2019 hits the midway point, we asked three next-generation arbitration practitioners: how do you see the future of arbitration in Hong Kong? These are their answers: Joyce Leung: As a construction lawyer, I am seeing an increase in arbitrations arising from the construction sector in light of the completion of…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Construction, Construction arbitration, Dispute Resolution, Document Production, Expert evidence, Hearings, IBA, IBA Rules of Evidence, International arbitration, Prague Rules

(Hogan Lovells)/ /Leave a comment

The main concerns of parties when considering arbitration are the costs and length of arbitration proceedings (see, e.g., Queen Mary University of London 2018 International Arbitration Survey). The popularity of arbitration as a method of resolving construction disputes thus depends largely on whether costs can be reduced and efficiency maintained. This is particularly the case…

Construction, Construction arbitration, Surveys

(School of International Arbitration, Queen Mary University of London (QMUL)) and (School of International Arbitration, Queen Mary University of London (QMUL) )/ /1 Comment

Anecdotally, the time and cost of arbitrating international construction disputes is one of the biggest sources of dissatisfaction. This was reflected in the discussion on the final day of London International Disputes Week at the international construction disputes panels. This is unsurprising as previous Queen Mary University of London (QMUL) surveys identified cost and lack…

Construction, Construction arbitration, Russia

(Karimullin Law Firm)/ /Leave a comment

Unlike some Western arbitration institutions which enacted institutional arbitration rules dedicated to construction disputes, such as the 2015 American Arbitration Association (AAA) Construction Industry Arbitration Rules, to date, the leading Russian arbitration providers have not developed any specific rules for construction-related disputes. However, such disputes hold rather high positions in the caseload, with a peak…

Commercial Arbitration, Construction arbitration, Document Production, Evidence

, (Sidley Austin LLP)/ /1 Comment

This is one of the five construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City.  The authors include: Ms Almudena Otero De La Vega (on State enterprises) Ms Tanya Landon & Ms Azal Khan (on evidence), Dr Manuel Arrollo (on multiple procedures), Mr Serge Y. Bodart…

Construction arbitration, Energy, State entity, state-owned

(Mexican Federal Electricity Commission )/ /Leave a comment

This is one of a series construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City.   Arbitration can be classified as follows: a) Public arbitrations: when only states are involved. b) Private arbitrations: when only private entities are involved. c) Mixed arbitrations: when a state and a…

Commercial Arbitration, Construction arbitration, Dispute, Goverment Procurement, Investment Arbitration, Prevention, regulation, WTO

(TILPA - INTERNATIONAL TRADE AND INVESTMENT LAW)/ /Leave a comment

This is one of the five construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City.  The authors include: Ms Almudena Otero De La Vega (on State enterprises) Ms Tanya Landon & Ms Azal Khan (on evidence), Dr Manuel Arrollo (on multiple procedures), Mr Serge Y. Bodart…

Asia-Pacific, Australia, Construction arbitration, Islamic Finance Disputes, Malaysia, Seat of the arbitration, Shari‘a, South Korea

, , , (Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

Singapore and Hong Kong are now considered to be amongst the top arbitration seats in the world, rivalling the long-established seats of London, Paris and Geneva. Perpetuating their dominance in the region, parties to contracts in the Asia-Pacific often choose either of these seats by default with no consideration of alternatives. This is underpinned, to…

Construction arbitration, Dispute Adjudication Board, FIDIC

, , (KLC Law Firm)/ /2 Comments

An illustrative case study FIDIC’s standard forms of contract are widely used by parties of different nationalities as a contractual benchmark for the implementation of large scale construction projects worldwide. A special feature of FIDIC forms of contract is its built-in dispute resolution process through adjudication by a Dispute Adjudication Board (DAB). One of the…