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International Construction Arbitration Law, Third Edition by JENKINS

International Construction Arbitration Law, Third Edition

By Jane Jenkins


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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.

Disclaimer: This title is in pre-production and any names, credits or associations are subject to change. The current table of contents and subject matter is for pre-release sample purposes only.

Last Updated 01/01/2021
Product Line Kluwer Law International
ISBN 9789403530437
SKU 10059221-0002
Table of Contents

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 (2014/2020) 
Annex 7: Comparative Table of International Arbitration and Mediation Rules

Table of Cases