Transnational Construction Arbitration Key Themes in the Resolution of Construction Disputes

Description

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.

Table Of Contents

1. Introduction
2. The law governing the arbitration agreement: a transnational solution?
3. Multi-tier dispute resolution clauses in construction contracts
4. The rise of arbitral institutions and their role in private dispute resolution
5. Arbitration and the expanding circle of consenting parties: joinder of additional parties and consolidation of related claims
6. Multi-party arbitration under institutional rules
7. Role of expert witnesses in construction arbitration: delay and disruption and quantum issues
8. Construction contracts as ‘investments’ for the purposes of investment treaty arbitrations
9. Expropriation of contractual rights in investment treaty arbitration
10. The enforcement of foreign arbitral awards: main recent developments and prospectives
11. Recognition and enforcement of domestic and foreign arbitral awards in the Middle East
12. Remedies at the seat and enforcement of international arbitral awards: res judicata, issue estoppel and abuse of process in English law
13. Dispute boards
14. Enforcement of DAB decisions under the FIDIC 1999 Forms of Contract
15. Emergency arbitration and the interplay with other pre-arbitral mechanisms