International Construction Arbitration Law

by Jenkins, Jane

• ISBN13: 9789041123411
• ISBN10: 9041123415
• Format: Hardcover
• Copyright: 2006-10-26
• Publisher: Kluwer Law Intl

Summary

International Construction Arbitration Law is a practical guide to dispute resolution under construction contracts. The authors consider the full range of available dispute resolution methods, including: bull; mediation, bull; conciliation, and bull; determination by dispute review board or expert panel, before focusing specifically on arbitration. The book looks briefly at all aspects of arbitration, from commencement of proceedings, through preparation and collection of the evidence necessary in complex construction cases, To common procedural issues, The conduct of the hearing And The effect of the award. it also provides guidance on the effective administration of construction contracts and claims management, as well as partnering and alliancing techniques that may avoid the need for recourse to formal dispute resolution. In keeping with its practical focus, the book includes checklists and executive summaries of key points, As well as extracts from relevant institutional rules and other supporting materials.

Table of Contents

Introduction	p. 7
Key features of construction contracts	p. 19
Dispute avoidance and resolution	p. 55
Claims administration	p. 93
Adjudication and dispute review boards	p. 105
Forms of ADR	p. 127
Commencement of an arbitration	p. 143
Control of the arbitration	p. 161
Preparation and collection of evidence	p. 183
Programme analysis	p. 215
Procedural issues	p. 237
The conduct of the hearing	p. 257
Effect of the award	p. 279
Closing thoughts	p. 309
Advantages and disadvantages of arbitration and litigation	p. 315
Sample model arbitration clauses	p. 317
Important drafting considerations for dispute resolution clauses	p. 319
World Bank standard bidding documents for the procurement of works	p. 323
American arbitration association dispute resolution board guide specifications	p. 337
ICC dispute board rules, dispute board clauses and model dispute board member agreement	p. 349
Convention on the recognition and enforcement of foreign arbitral awards 1958 (the New York convention)	p. 371
UNCITRAL model law on international commercial arbitration	p. 377
IBA rules on the taking of evidence in international commercial arbitration	p. 405
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