Multi Party And Multi Contract Arbitration In The Construction Industry
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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.
Multiple Contracts And Coordination In International Construction Projects
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Author : Jürg Künzle
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-16
Multiple Contracts And Coordination In International Construction Projects written by Jürg Künzle 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 2020-07-16 with Law categories.
International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
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.
Resolving Construction Disputes
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Author : Diana Holtham
language : en
Publisher: Chartridge Books Oxford
Release Date : 1999
Resolving Construction Disputes written by Diana Holtham and has been published by Chartridge Books Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Technology & Engineering categories.
Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication
Complex Arbitrations
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Author : Bernard Hanotiau
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Complex Arbitrations written by Bernard Hanotiau 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 2005-01-01 with Law categories.
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
Arbitration Practice In Construction Contracts
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Author : Douglas S. Stephenson
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-30
Arbitration Practice In Construction Contracts written by Douglas S. Stephenson 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 2008-04-30 with Technology & Engineering categories.
Since it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way. In doing so it has generated a modest volume of case law that has demonstrated the excellence of the Act's provisions and its drafting. Since the Fourth Edition of this book appeared in 1997 the Housing Grants, Construction and Regeneration Act 1996 with its Scheme for Construction Contracts Regulations 1998 have come into force, as have the Civil Procedure Rules 1998, both of which affect the resolution of disputes arising from construction contracts. Case law has arisen from the Construction Act, and from the House of Lords' judgment in the Beaufort Developments case, overturning the much-criticised judgment of the Court of Appeal in Crouch. In this Fifth Edition of an established text the author deals with each stage of an arbitration, explaining in practical terms the procedures to be adopted in avoiding disputes and in dealing with them efficiently when they do arise. It features over 20 specimen arbitration documents and includes the full text of the Act. It also covers several important developments in case law affecting construction arbitrations, and refers to the introduction and case law arising from adjudication under the Housing Grants, Construction and Regeneration Act 1996.
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 : 2017-04-17
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 2017-04-17 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.
Multiparty Arbitration
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Author : Bernard Hanotiau
language : en
Publisher:
Release Date : 2015
Multiparty Arbitration written by Bernard Hanotiau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
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.