International Construction Arbitration Law, Third Edition
Arbitration in Context Series Volume 1
About this book:
International Construction Arbitration Law, the eminent practical guide in this third edition, is aimed at addressing the significant developments in the practice of dispute resolution on major construction and engineering projects. The text, updated to include the latest edition of arbitral rules and to introduce the Prague Rules, considers the full range of available dispute resolution methods, including mediation, conciliation and determination by dispute review boards, before focusing specifically on arbitration. The third edition addresses fresh thinking on MedArb, guidance on preparation for and conduct of virtual hearings in the wake of COVID-19, technological advances to assist collection and presentation of evidence, litigation funding and includes a new chapter on the role of arbitration in tender disputes.
What’s in this book:
Recent years have seen the rise of new opportunities, markets, and challenges for construction projects globally. Specific valuable features of this edition include the following:
- guidance on the 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, common standard forms and procurement structures;
- expert guidance on effective contract administration;
- step-by-step advice on the conduct of a construction arbitration to maximise efficiency; 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.
The third edition has a new chapter addressing the role of arbitration in tender disputes given the importance of tendering in the international construction and engineering industry.
How this will help you:
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.
|Product Line||Kluwer Law International|
Acknowledgements to the Third Edition
CHAPTER 1 Introduction
CHAPTER 2 Key Features of Construction Contracts
CHAPTER 3 Dispute Avoidance and Resolution
CHAPTER 4 Claims Administration
CHAPTER 5 Dispute Boards
CHAPTER 6 Forms of ADR
CHAPTER 7 Commencement of an Arbitration
CHAPTER 8 Control of the Arbitration
CHAPTER 9 Preparation and Collection of Evidence
CHAPTER 10 Programme Analysis
CHAPTER 11 Procedural Issues
CHAPTER 12 The Conduct of the Hearing
CHAPTER 13 Effect of the Award
CHAPTER 14 Investor-State Arbitration Within the Construction Sector
CHAPTER 15 Tender Disputes and the Role of Arbitration
CHAPTER 16 Closing Thoughts
Annex 1: Dispute Resolution under FIDIC Silver Books
Annex 2: Dispute Resolution under NEC 4 Option W1, W2 and W3
Annex 3: Sample Institutional Flowcharts
Annex 4: Important Drafting Considerations for Dispute Resolution Clauses
Annex 5: Sample Multi-tiered Dispute Resolution Provisions
Annex 6: Example Outline for Request for Arbitration under the LCIA Rules (2020)
Annex 7: Comparative Table of International Arbitration and Mediation Rules
Annex 8: Example Redfern Schedule
Table of Cases
See what our clients are saying:
"This new edition of Jane Jenkin’s established work will be very much welcomed by lawyers, engineers, quantity surveyors, accountants and others who are involved with or interested in the resolution by arbitration of international construction disputes. It brings the relevant law and practice up to date with, for instance, a new Chapter on the arbitration of disputes arising from tenders. It refers to new practice proposals or guidelines such as those set out in the ICC’s authoritative Construction Arbitration Report of 2019; and it highlights changes in Rules of arbitration which may impact on construction arbitrations, such as the revised Rules published by the LCIA on 1 October 2020. However it would be wrong to regard this book as being in some way limited to construction disputes. Its reach goes well beyond this. Its sound, highly practical recommendations on the presentation of a claim or a defence encompasses such matters as the value of a chronology, the collection of evidence, the electronic management of documents and schedules, and the software and technology that is available to assist such processes. These are not matters that are of interest only to those engaged international construction arbitrations. They are of interest and value to those engaged in international arbitration generally."
Alan Redfern, co-author on Redfern and Hunter on International Arbitration and former (retired) International Arbitrator at One Essex Court.
Jane Jenkins’ 3rd Edition of International Construction Arbitration Law does what many works on international arbitration do not set out to do, being both a guide to the claims and disputes which typically arise in construction and infrastructure projects and also a guide to the procedural and other aspects of arbitration. It excels as a handbook being logically organised, written in a very accessible style and very comprehensive in its scope. The updates include a new chapter on tender disputes and the role of arbitration and a particularly valuable and topical discussion on the practical realities of virtual hearings. Jane has again produced a textbook which is a must have for its target audience and of real interest to those regularly involved in construction arbitration.
Chantal-Aimee Doerries QC, Atkin Chambers
"The ‘Clachan Bridge’ connecting Construction with Arbitration. Like the ‘bridge over the Atlantic’ Jane Jenkins book, International Construction Arbitration Law, elegantly bridges the divide between the complexity of construction and that of arbitration, allowing practitioners steeped in one to be guided across to the key aspects of the other. As a ‘younger’ Quantity Surveyor and Commercial Manager I had a construction project that ended up embroiled in a dispute that ended in an arbitration, Jane’s book provided an essential bridge between my construction knowledge and experience across, what at the time felt like an ocean of unknown, to the island of arbitration; a land with its own language and customs. Now in its 3rd edition, International Arbitration Law, remains a faithful guide in addition to acting as a lens that focuses attention on key aspects of both construction contracts and arbitration practice along with other common ADR approaches adopted across construction. I commend Jane’s book to you and am sure that it will be faithful companion on your journey."
“This 3rd Edition of International Construction Arbitration Law is sure to be the leading reference on the subject for the new decade just as the previous editions have dominated the 2010’s. Readers can expect to find valuable theoretical and practical insights on the major issues involving the management and resolution of construction disputes, which make the publication a must-have in the library of any lawyer and arbitrator acting in the field. Specifically, I am certain that, by digesting and deeply reflecting on the recent efforts of several institutions, including reports and changes to the rules of the main arbitral institutions, this new edition will be a tool for tackling one of the biggest issues on construction disputes to date: efficient management of arbitral proceedings. “
Thiago Fernandes Moreira, Partner, Mattos Filho