International Construction Arbitration Decision Making
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International Construction Arbitration Decision Making
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Author : Haytham Besaiso
language : en
Publisher: Routledge
Release Date : 2023
International Construction Arbitration Decision Making written by Haytham Besaiso and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Arbitration and award categories.
"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"--
Decision Making In International Construction Arbitration
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Author : Haytham Besaiso
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-03
Decision Making In International Construction Arbitration written by Haytham Besaiso and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-03 with Law categories.
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.
Decision Making In International Construction Arbitration
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Author : Besaiso Haytham (author)
language : en
Publisher:
Release Date : 2023
Decision Making In International Construction Arbitration written by Besaiso Haytham (author) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Multi Party And Multi Contract Arbitration In The Construction Industry
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Author : Dimitar Kondev
language : en
Publisher: John Wiley & Sons
Release Date : 2017-01-23
Multi Party And Multi Contract Arbitration In The Construction Industry written by Dimitar Kondev and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-23 with Law categories.
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.
International Construction Arbitration Law
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Author : Jane Jenkins
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-02-10
International Construction Arbitration Law written by Jane Jenkins and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-10 with Law categories.
Arbitration in Context Series Volume 1 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 third edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, updated to include the latest edition of arbitral rules and introducing 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 book then looks in detail at all aspects of arbitration, from commencement of proceedings, selection of the tribunal, 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. 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. Specific valuable features 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. 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.
Guide To Construction Arbitration
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Author : Stavros Brekoulakis
language : en
Publisher: Law Business Research Ltd.
Release Date : 2017-09-12
Guide To Construction Arbitration written by Stavros Brekoulakis and has been published by Law Business Research Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-12 with categories.
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.
Dispute Resolution And Conflict Management In Construction
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Author : Edward Davies
language : en
Publisher: Routledge
Release Date : 2005-10-05
Dispute Resolution And Conflict Management In Construction written by Edward Davies and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-05 with Architecture categories.
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.
Aaa Handbook On Construction Arbitration And Adr Second Edition
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Author : American Arbitration Association
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2010-10-01
Aaa Handbook On Construction Arbitration And Adr Second Edition written by American Arbitration Association and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-01 with Arbitration and award categories.
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Construction Arbitration In Central And Eastern Europe
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Author : Crina Baltag
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-12-11
Construction Arbitration In Central And Eastern Europe written by Crina Baltag and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-11 with Law categories.
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.
Construction Arbitration And Alternative Dispute Resolution
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Author : Renato Nazzini
language : en
Publisher: Taylor & Francis
Release Date : 2021-10-21
Construction Arbitration And Alternative Dispute Resolution written by Renato Nazzini and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Law categories.
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.