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Construction Industry International Arbitration

JAMS

Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally

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In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common...more

Bradley Arant Boult Cummings LLP

Interview: Carly Miller And David W. Owen Of Bradley Discuss Discovery And Third-Party Funding In International Arbitration

Mealey’s: What is your professional background and how did you both become involved in international arbitration? Miller: I’ve been practicing law with Bradley in its construction group for a little over 10 years. We rep-...more

J.S. Held

Integrating Independent Forensic Analyses in International Construction Arbitrations

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This article discusses the various independent analyses that experts perform and how these analyses should be integrated when involved in a construction dispute that has progressed to international arbitration. While experts...more

A&O Shearman

Claim Notices and Liquidated Damages - The DIFC Court of Appeal Provides Useful Guidance

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Two of the most common arguments that arise on construction projects in the Middle East are (i) whether a failure to notify a claim within the contractual time for doing so is fatal to the claim; and (ii) whether the employer...more

Kilpatrick

3 Key Takeaways - Successful Arbitration of International Construction Disputes

Kilpatrick on

Kilpatrick Townsend’s Randy Hafer recently presented on the topic of “Successful Arbitration of International Construction Disputes” at the 2022 Risk Management in Underground Construction Conference. As tunneling projects...more

Akin Gump Strauss Hauer & Feld LLP

‘Protecting’ International Construction Contracts—Investment Treaty or International Construction Arbitration?

Economic uncertainty around raw materials and shifts in post-pandemic planning has created tangible tensions surrounding international construction and infrastructure “mega projects”. There is a new focus on investment...more

White & Case LLP

Extensions of time in construction projects: prospective or retrospective delay analysis?

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Contractors' extension of time (EOT) entitlements and associated financial rights are always to be assessed pursuant to the applicable contract mechanism. A recurring question is whether EOT entitlements are to be determined...more

Kilpatrick

What can companies do to protect themselves from U.S. style discovery creeping into their international disputes in light of the...

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International arbitration is popular for resolving construction disputes. The merits of using arbitration can be numerous, including (1) avoiding potentially biased foreign courts, (2) having a meaningful say in who hears...more

Troutman Pepper

Arbitration Update – The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration

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On 1 March 2021, the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA) and a leading provider of dispute resolution services to businesses in matters...more

Bradley Arant Boult Cummings LLP

ICC Releases New International Arbitration Rules – Important Changes for the Construction and Energy Sector

The International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released revised Rules of Arbitration to take effect in January 2021. The 2021 ICC...more

King & Spalding

The ICC Releases Report on Resolving Climate Change Disputes through Arbitration

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The International Chamber of Commerce (“ICC”) has just released its Report on “Resolving Climate Change Disputes through Arbitration” (the “Report”). The long-awaited Report is the result of almost two years of work by the...more

Troutman Pepper

The Art of International Arbitration – October 2019 Pepper Conference Preview

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On October 11, 2019, Pepper Hamilton will host an interactive seminar entitled “The Art of International Arbitration.” Matt Adler, partner and chair of Pepper’s International and Domestic Arbitration Practice Group, Maia...more

Akin Gump Strauss Hauer & Feld LLP

FIDIC Issues “Emerald Book” for Underground Works

International construction arbitration welcomes FIDIC's latest standard form contract: the “Emerald Book”. Known more formally as Conditions of Contract for Underground Works the contract is designed to address issues that...more

Akin Gump Strauss Hauer & Feld LLP

The Court of Appeal in England & Wales Curtails Use of Liquidated Damages for Delay

In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread. Typically, the contractor...more

White & Case LLP

ICC Commission on Arbitration and ADR Report on Construction Industry Arbitrations

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The ICC Commission has released a new report on construction industry arbitrations, providing recommended tools and techniques for effective management of construction arbitrations. The report is intended primarily for...more

Troutman Pepper

Deciding Arbitrability And Arbitration Agreements: Eleventh Circuit Refines Its Interpretation Of The Federal Arbitration Act And...

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Outokumpu Stainless USA, LLC v. Converteam SAS, 2018 U.S. App. LEXIS 24671 (11th Cir. Aug. 30, 2018) - On August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between...more

Akin Gump Strauss Hauer & Feld LLP

Concurrent Delay – Is the English Court of Appeal's Clarification Conclusive?

• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.” • The Court of Appeal...more

Troutman Pepper

Are Consent Awards Under The New York Convention Enforceable In U.S. Courts? Federal Court In Texas Says Yes

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Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., 2018 U.S. Dist. LEXIS 39494 (S.D. Tex. Mar. 12, 2018) - On March 12, 2018, in Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., the U.S....more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

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Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

Troutman Pepper

International Arbitration Considerations

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Over the past decade, the growing number of mergers and acquisitions of engineering and construction (E&C) firms has consolidated the construction industry, creating an increasingly global market with more multinational...more

JAMS

JAMS Global Construction Solutions Newsletter, Summer 2015

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Construction Lawyering in the U.K. and U.S.: Contrasts and Similarities - Introduction - There are important differences between the American and British styles of lawyering, but there is also much common...more

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