News & Analysis as of

Construction Project International Arbitration

Mayer Brown

The Middle East Files

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In the second episode of Season 2 of our 'Across the Pond' podcast, Charles and Kwadwo are joined by colleague Gerard Moore, who leads the International Arbitration and Construction & Engineering practice in our Dubai office,...more

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

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Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. ...more

BCLP

The IBA Site Visit Protocol: A framework for Avoiding Disputes Within Disputes

BCLP on

Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more

J.S. Held

Integrating Independent Forensic Analyses in International Construction Arbitrations

J.S. Held on

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

Proskauer - Minding Your Business

Federal Court Upholds Arbitral Award Despite Failures to Disclose Potential Bias

The Eleventh Circuit upheld an arbitral award last month despite the arbitrators’ failure to make certain disclosures regarding potential sources of bias. The litigation involved a dispute between the Panama Canal Authority,...more

Bradley Arant Boult Cummings LLP

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...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

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?

White & Case LLP on

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

Hogan Lovells

Construction arbitration: How to use innovation to increase efficiency

Hogan Lovells on

Constants of construction arbitrations include, notably, their complexity and the continued criticism of being too expensive and slow. When it comes to innovations, the construction industry should consider increasing the use...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

This edition offers insights regarding COVID-19 ’s impact on mergers and acquisitions and on construction projects, recent changes to International Chamber of Commerce rules, and developments relating to discovery in aid of...more

Troutman Pepper Locke

New International Arbitration Study Offers Construction Dispute Insight

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On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #3

Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more

Troutman Pepper Locke

Boring Through The Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies

Troutman Pepper Locke on

Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) - On March 21, 2018, the United States District Court for the Northern District of Ohio granted a motion...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

Jones Day

Kuala Lumpur Regional Centre for Arbitration Rebrands as Asian International Arbitration Centre

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The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC"). The name change was formally announced on February 7, 2018, during a signing...more

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