Multi-Party and Multi-Contract Construction Arbitration 2e

by Kondev, Dr Dimitar

• ISBN13: 9780192867650
• ISBN10: 0192867652
• eBook ISBN(s): 9780192693464
• Edition: 2nd
• Format: Hardcover
• Copyright: 2025-12-09
• Publisher: Oxford University Press
• More Book Details

Summary

This essential reference work, which is now in its second edition, is the only work specifically dealing with the topic of multi-party and multi-contract arbitration in the construction sector.

The book opens with an explanation of multi-party arbitration in general. The analysis covers the different procedures that may lead to multi-party arbitration, such as single request for arbitration against multiple parties, joinder, intervention, and consolidation. It considers the advantages and disadvantages of multi-party arbitration compared to bipartite arbitrations. This is followed by detailed analysis of the specifics of construction disputes, international standard forms of contracts, contractual models used in the construction sector, and the need for multi-party arbitration in light of each party's interests. There is also a critical examination of the multi-party arbitration solutions contained in numerous institutional and ad hoc arbitration rules that are widely used in the construction sector.

Later chapters provide a detailed review of various statutory approaches to multi-party arbitrations and relevant case law, as well as comprehensive discussion of multi-party arbitration clauses in various (both international and domestic) standard forms of contract commonly used in construction and the relevant case law. The work offers suggestions for improving the regulation of multi-party disputes by critically assessing institutional arbitration rules and parties' contracts. It includes practical guidelines for drafting multi-party arbitration clauses.

This new edition has been updated to account for significant changes made by arbitral institutions to their arbitration rules on multi-party and multi-contract arbitrations. The chapter focusing on statutory provisions on multi-party arbitration has been expanded to cover new jurisdictions that have recently introduced such provisions as well as jurisdictions, such as France, Switzerland and Singapore, which are often chosen as seats of arbitration.

Multi-Party and Multi-Contract Construction Arbitrations has a clear, practical approach to multi-party arbitration in the construction sector. It is essential to lawyers advising on transactional construction law, construction disputes, and arbitration; arbitrators and judges; and arbitral institutions.

Table of Contents

1. Introduction1.1 General background and research problem1.2 Scope of the book and existing literature1.2.1 Scope of the book1.2.2 Existing literature1.3 Sources used1.4 Structure of the book1.5 Aims and contribution of the book
2. Multi-Party Arbitration in General2.1 Terminology notes2.1.1 Definition of multi-party arbitration2.1.2 Multi-party and multi-contract arbitration: different or similar concepts?2.2 Procedures leading to multi-party arbitration2.2.1 Single request for arbitration against multiple parties2.2.2 Joinder2.2.3 Intervention2.2.4 Consolidation2.3 Advantages of multi-party arbitration2.3.1 Avoids risk of inconsistent findings2.3.2 Less time and fewer costs2.3.3 Fewer factual errors2.4 Obstacles to multi-party arbitration2.4.1 Consensual nature of arbitration2.4.2 The traditional perception of arbitration as a bipartite arbitration2.4.3 Arbitration as a private and confidential process2.4.4 Setting aside proceedings and non-recognition and/or non-enforcement of arbitral awards2.4.5 Practical difficulties2.5 Alternative procedures where multi-party arbitration is not possible
3. The Need for Multi-Party Arbitration in the Construction Sector3.1 Specifics of construction disputes and construction arbitration3.2 Introduction to international standard forms of construction contract3.2.1 FIDIC forms of contract3.2.2 NEC3.2.3 ICC contracts3.2.4 ENAA model forms3.2.5 IChemE contracts3.2.6 PPC International, SPC International, and TPC20053.2.7 FAC-1 and TAC-13.2.8 Orgalim contracts3.3 Contractual models in construction projects3.3.1 Build-only projects3.3.2 Design-build and turnkey projects3.3.3 Construction management3.3.4 EPCM model or management contracting3.3.5 Design-build-operate ('DBO') model3.3.6 Partnering and alliancing3.4 Parties' interests in multi-party arbitration3.4.1 Employer3.4.2 Contractor3.4.3 Subcontractor3.4.4 Designer3.4.5 Engineer as contract administrator3.4.6 Suppliers3.4.7 Technical consultants3.4.8 Guarantors3.4.9 Concluding remarks
4. Multi-Party Arbitration Solutions under Arbitration Rules4.1 ICC Rules4.1.1 Multi-contract claims and prima facie assessment4.1.2 Joinder4.1.3 Consolidation4.2 CEPANI Rules4.2.1 Multiple parties and multi-contract claims4.2.2 Joinder and intervention4.2.3 Consolidation4.3 LCIA Rules4.3.1 Composite request for arbitration4.3.2 Consolidation4.3.3 Joinder4.4 UNCITRAL Rules4.5 Swiss Rules4.5.1 The Court's prima facie test4.5.2 Consolidation4.5.3 Joinder and intervention4.6 Rules adopted by the American Arbitration Association (AAA)4.6.1 Construction Industry Arbitration Rules (CIAR)4.6.2 ICDR Rules4.7 Vienna Rules4.7.1 Joinder4.7.2 Consolidation4.8 DIS Arbitration Rules4.8.1 The 1998 DIS Arbitration Rules4.8.2 The 2018 DIS Arbitration Rules4.9 SCC Rules4.9.1 Joinder4.9.2 Claims arising under multiple contracts4.9.3 Consolidation4.10 DIA Rules4.11 Arbitration rules in Asia4.11.1 CIETAC Rules4.11.2 SIAC Rules4.11.3 HKIAC Rules4.11.4 JCAA Rules4.11.5 AIAC Arbitration Rules4.12 Arbitration rules in Africa and the Middle East4.12.1 DIAC Rules4.12.2 CRCICA Arbitration Rules4.13 Concluding remarks regarding arbitration rules
5. Multi-Party Arbitration Solutions under Arbitration Laws5.1 UNCITRAL Model Law5.2 The United Kingdom5.2.1 Multi-party arbitration prior to 19965.2.2 Multi-party arbitration under the Arbitration Act 1996 and the Arbitration Act 20255.2.3 The authority of state courts to stay litigation in favour of arbitration5.2.4 Multi-party arbitration under Arbitration (Scotland) Act 20105.3 France5.4 Switzerland5.5 Singapore5.6 The Netherlands5.6.1 Consolidation5.6.2 Joinder and intervention5.6.3 A request to implead a third party5.7 Belgium5.8 New Zealand5.9 Hong Kong5.9.1 Consolidation under the 1982 Arbitration Ordinance5.9.2 Consolidation under the 2011 Arbitration Ordinance5.10 The UAE5.11 Canada5.12 Australia5.13 Other jurisdictions5.14 Multi-party arbitration in the United States5.14.1 Legal framework5.14.2 US case law on multi-party arbitration5.15 Should arbitration laws deal with multi-party arbitration?5.16 Concluding remarks regarding arbitration laws
6. Contractual Solutions to Multi-Party Arbitration6.1 FIDIC forms of contract6.1.1 Dispute resolution procedures in the 2011 FIDIC Red Book Subcontract6.1.2 The alternative dispute resolution procedure in the 2011 FIDIC Red Book Subcontract6.1.3 Commentary on the alternative clause in the 2011 FIDIC Red Book Subcontract6.2 Blue Form6.2.1 Clause 18(2) of the 1984 Blue Form6.2.2 Use of the Blue Form in conjunction with the FIDIC Conditions of Contract6.2.3 Commentary on Clause 18(2) of the 1984 Blue Form6.2.4 Clause 18(8) of the 1991 Blue Form6.2.5 Clause 18(10) of the 1998 Blue Form6.2.6 Clause 18C(4) of the 2008 and 2011 Blue Forms and Clause 18D of the 2020 Blue Form6.3 JCT Contracts6.3.1 JCT 80 approach to multi-party arbitration6.3.2 Commentary on the JCT 80 approach6.3.3 New JCT approach6.4 ACA standard forms6.5 NEC Contracts6.5.1 Main contract provisions6.5.2 Subcontract provisions6.5.3 Do the NEC provisions create a self-contained procedure for joint adjudication of related disputes?6.6 IChemE Contracts6.7 ICC Contracts6.8 PPC International, SPC International, and TPC20056.9 FAC-1 and TAC-16.10 Orgalim Contracts6.11 ENAA model forms6.12 AIA standard forms6.12.1 Multi-party arbitration under the AIA forms prior to 20076.12.2 Multi-party arbitration under the 2007 and subsequent editions of the AIA forms6.13 ConsensusDocs6.14 Danish standard forms6.15 Concluding remarks regarding contractual approaches
7. Proposed Solutions7.1 Jurisdictional approach7.2 Abstract consensual approach7.3 Proposed contractual solutions7.3.1 The IBA Guidelines for Drafting International Arbitration Clauses7.3.2 AAA Guide to Drafting Alternative Dispute Resolution Clauses for Construction Contracts7.3.3 Drafting multi-party arbitration clauses7.3.4 Sample multi-party arbitration clause7.4 Institutional approach7.4.1 How to create a self-contained multi-party arbitration procedure under institutional arbitration rules?7.4.2 Compatibility of arbitration agreements7.4.3 Other circumstances
8. ConclusionAppendix 1: Summary of Multi-Party Arbitration Provisions under Arbitration RulesAppendix 2: Summary of Multi-Party Arbitration Provisions under Arbitration LawsAppendix 3: Second Alternative Clause of Clause 20 of the 2011 FIDIC Red Book SubcontractAppendix 4: Multi-Party Arbitration Clauses under the Blue FormAppendix 5: Multi-Party Arbitration Clauses under the ENAA Model Form-International Contract for Process Plant Construction, 4th edn (2023), and Related SubcontractsBibliographyBooksChapters and other contributions in booksJournal articlesInternational conventions and arbitration lawsArbitration rulesCase lawSoft law instrumentsOther sourcesIndex