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Construction Arbitration and Alternative Dispute Resolution: Theory and Practice around the World

Construction Arbitration and Alternative Dispute Resolution: Theory and Practice around the World

Author: Renato Nazzini
Publisher: Informa Law from Routledge
ISBN: 9780367710064

Published In: October 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780367740740

¥69,254.90

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This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR).

Covering four general themes, this book discusses:

the increasing internationalisation of dispute resolution in construction law
the increasing reliance on technology in the management of construction projects and construction arbitration/ADR
the increasing prominence of collaborative contracting in construction and infrastructure projects
the increasing importance of contractual adjudication such as Dispute Boards in construction and infrastructure projects
the increasing prevalence of statutory adjudication mechanisms across the world, and
the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements

Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice.

Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

Chapter 1: Introduction

Renato Nazzini

Part I: The Internationalisation of Construction Dispute Resolution

Chapter 2: The Problem of the Law Governing the Arbitration Clause between National Rules and Transational Solutions

Renato Nazzini

Chapter 3: The Singapore Convention on Mediation - Its Impace on International Construction Disputes

Shouyu Chong

Part II: Artificial Intelligence: A Game Changer?

Chapter 4: The Relevance of Artificial Intelligence for Construction Disputes

Erik Schäfer

Chapter 5: Administering Artificial Intelligence in Arbitration

Maud Piers and Christian Aschauer

Part III: Good Faith and Collaborative Dispute Resolution

Chapter 6: The Relevance of Good Faith in Transnational Construction Contracts: A Civil Law Perspective

Olivier Caprasse and Maxime Tecmenne

Chapter 7: Searching for Convergence between the Common Law and Civil Law Traditions on Good Faith through International Arbitration

David Arias and James Doe

Chapter 8: Collaborative Dispute Resolution

Shy Jackson

Part IV: Contractual Adjudication: Dispute Boards in International Construction Disputes

Chapter 9: Dispute Boards: Trends, Observations, Developments and Procedures

Nicholas Gould and Robbie McCrea

Chapter 10: Enforcement of DAB Decisions Under the FIDIC Forms of Contract

Taner Dedezade

Chapter 11: Emergency Arbitration and the Interplay with other Pre-Arbitral Mechanisms

Patricia Shaughnessy

Part V: Statutory Construction Adjudication: A Global Perspective

Chapter 12: Adjudication in the United Kingdom: Recent Developments

James Pickavance

Chapter 13: Statutory Construction Adjudication in Canada

Duncan W Glaholt

Chapter 14: Statutory Adjudication in Singapore

Toh Chen Han

Chapter 15: Adjudication in Australia

Sean Kelly, Julian Bailey and Matthew Bell

Part VI: Contracting with the State in the 21st Century

Chapter 16: Achmea: From the Judgment to the Plurilateral Agreement, Towards the Disappearance of Intra-EU Bilateral Investment Protection Treaties

Malik Laazouzi

Chapter 17: State immunity and its implications when resolving disputes with – and enforcing outcomes against – states

Michael Cottrell

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