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