Transnational Construction Arbitration : Key Themes in the Resolution of Construction Disputes book cover
1st Edition

Transnational Construction Arbitration
Key Themes in the Resolution of Construction Disputes

ISBN 9781138281523
Published March 2, 2018 by Informa Law from Routledge
310 Pages 2 B/W Illustrations

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Book 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

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Renato Nazzini is a Professor of Law at Dickson Poon School of Law and Director of Research of the Centre of Construction Law and Dispute Resolution at King’s College London. Professor Nazzini is one of the leading experts in Commercial Arbitration, ADR and Civil Procedure, as well as Transnational, EU and UK Competition Law. He is regularly appointed as an arbitrator and advises clients in complex commercial disputes both in international arbitration and in court proceedings. Previously, he was a Professor of Competition Law and Arbitration at the University of Southampton.