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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.
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.
This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.
The Law and Practice of Arbitration is a comprehensive treatise about the development and practice of arbitration law in the United States. It addresses in detail the recourse to arbitration in domestic matters -- employment, labor, consumer transactions, and business -- and its use in the resolution of international commercial claims. It covers all of the major subject areas in the field and provides practical advice as well as an easy-to-read, clear discussion of the relevant case law. It represents a masterful synthesis of the entire body of arbitration law. It discusses basic concepts and doctrines, the FAA, freedom of contract in arbitration, arbitrability, the enforcement of awards, the use of arbitration in consumer and employment matters, institutional arbitration, and the drafting of arbitration agreements. It speaks of the federalization of the law and growing judicial objections to the use of adhesionary arbitration agreements in the consumer context, The volume represents the author's continuing in-depth reflection on the practical and systemic consequences of United States Supreme Court's decisional law on arbitration -- a process that is instrumental to the operation of the United States legal system as well as international business. The work continues its tradition of being the best statement on U.S. arbitration law and practice. The Law and Practice of Arbitration is a handy reference for all who have an interest in arbitration law and practice. The new Fifth Edition of Carbonneau’s treatise is built upon a comprehensive update of the federal circuit and U.S. Supreme Court cases on arbitration. The Introduction has been rewritten to take into account AT & T Mobility v. Concepcion and the American Express Merchants’ Litigation in the development of U.S. arbitration law. These decisions represent landmark USSC pronouncements on adhesive arbitration. The Introduction also contains a new section on the foundational legitimacy of arbitration in the U.S. legal system. The two landmark decisions are also incorporated into the text of Chapter 8 on the topic of adhesive arbitration. Chapter 9 on the award enforcement assesses the standing of Stolt-Nielsen in light of the Court’s recent decision in Sutter, asking whether this re-evaluation might be a de facto reversal of the earlier and highly unusual opinion. The assessment takes into account Justice Alito’s concurring opinion in Sutter. Chapter 10 on International Commercial Arbitration has undergone substantial rewriting and makes its various points more lucidly and effectively. This is also true of chapters 2, 3, and 5. Many footnotes have been perfected in form and content. The per curiam opinions---KPMG LLP v. Cocchi, Marmet Health Care v. Brown, and Nitro-Lift v. Howard---are all integrated into the text and fully assessed. The USSC’s decision in CompuCredit v. Greenwood is evaluated for its significance on the issue of Congressional intent to preclude arbitration. There are updates on how the courts define arbitration, the waiver of the right to arbitrate (in particular, the Ninth Circuit opinion in Richards v. Ernst & Young), the enforcement of arbitration agreement, with emphasis upon the curious Third Circuit decision on the matter in Guidotti, the latest adherents to the ill-conceived RUAA, the Ninth Circuit’s favorable response to AT&T Mobilty in Mortensen and Murphy, and an assessment of recent developments on the judicial imposition of penalties for frivolous vacatur actions. The treatise continues to be a highly contemporary and complete statement on the law of arbitration.
This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.