Decision Making In International Construction Arbitration

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Decision-making in International Construction Arbitration

Author : Haytham Besaiso
Publisher : Taylor & Francis
ISBN 13 : 1000957136
Total Pages : 246 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Decision-making in International Construction Arbitration by : Haytham Besaiso

Download or read book Decision-making in International Construction Arbitration written by Haytham Besaiso and published by Taylor & Francis. This book was released on 2023-10-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author’s research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties’ contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties’ claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators’ background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.

International Construction Arbitration Decision-making

Author : Haytham Besaiso
Publisher : Routledge
ISBN 13 : 9781032299228
Total Pages : 0 pages
Book Rating : 4.2/5 (992 download)

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Book Synopsis International Construction Arbitration Decision-making by : Haytham Besaiso

Download or read book International Construction Arbitration Decision-making written by Haytham Besaiso and published by Routledge. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators, and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (300 cases) in addition to several hundreds of international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area and it will be useful to arbitration practitioners and scholars, and to the wider audience of dispute resolution students, practitioners and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, then offers insights into whether arbitrators in fact lean towards commercial and transnational norms to construe the parties' contract, before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties' claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators' background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution"--

Decision-Making in International Construction Arbitration

Author : Besaiso Haytham (author)
Publisher :
ISBN 13 : 9781000957150
Total Pages : 0 pages
Book Rating : 4.9/5 (571 download)

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Book Synopsis Decision-Making in International Construction Arbitration by : Besaiso Haytham (author)

Download or read book Decision-Making in International Construction Arbitration written by Besaiso Haytham (author) and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Roles of Psychology in International Arbitration

Author : Tony Cole
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159282
Total Pages : 456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Roles of Psychology in International Arbitration by : Tony Cole

Download or read book The Roles of Psychology in International Arbitration written by Tony Cole and published by Kluwer Law International B.V.. This book was released on 2017-03-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well-suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This is the first book to focus on this important issue: the insights into international arbitration that can be gained from contemporary psychology. With contributions from nineteen internationally known figures in their fields – arbitrators, mediators, lawyers, law professors, psychology professors, psychologists – and drawing from a longer term project on the role of psychology in arbitration, this ground-breaking volume addresses a range of topics, including the following: - the decision-making processes of arbitrators; - the ability of arbitration to serve as a genuine dispute resolution mechanism; - the impact of particular procedures on the arbitral process; - bias, self-deception and vested interests in judgment and decision-making; - the role of arbitrators in managing the arbitral process; - cultural differences in the evaluation of arguments; - psychological influences on witness testimony; - the impact of tribunal composition on arbitral decision-making; - the influence of arbitration’s professional context on arbitrators and legal counsel; and - methods for arbitrators and legal counsel to more effectively manage the arbitral process. Informed by the behavioural insights in these essays, counsel and arbitrators will be enabled to think critically about the underlying assumptions and the potential behavioural effects of a prospective arbitration, while individuals researching arbitration will gain a greater understanding of the psychological context in which every arbitration occurs. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings, and forms an indispensable foundation for subsequent work in this area. Its innovative and forward-thinking analysis will be of immeasurable value to the international arbitration community, as well as to institutions supporting arbitration and to academics in the field.

International Construction Arbitration Law

Author : Jane Jenkins
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530448
Total Pages : 502 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Construction Arbitration Law by : Jane Jenkins

Download or read book International Construction Arbitration Law written by Jane Jenkins and published by Kluwer Law International B.V.. This book was released on 2021-02-10 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in Context Series Volume 1 There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The third edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, updated to include the latest edition of arbitral rules and introducing the Prague Rules, considers the full range of available dispute resolution methods, including mediation, conciliation and determination by dispute review boards, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, selection of the tribunal, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. The third edition addresses fresh thinking on MedArb, guidance on preparation for and conduct of virtual hearings in the wake of COVID-19, technological advances to assist collection and presentation of evidence, litigation funding and includes a new chapter on the role of arbitration in tender disputes. Specific valuable features include the following: guidance on the drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; flowcharts to illustrate the stages in dispute procedures and arbitration; a comparison between common law and civil law approaches to key concepts; details of the key features of a construction contract, common standard forms and procurement structures; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration to maximise efficiency; and coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution.

Construction Arbitration and Alternative Dispute Resolution

Author : Renato Nazzini
Publisher : Taylor & Francis
ISBN 13 : 100044869X
Total Pages : 471 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Construction Arbitration and Alternative Dispute Resolution by : Renato Nazzini

Download or read book Construction Arbitration and Alternative Dispute Resolution written by Renato Nazzini and published by Taylor & Francis. This book was released on 2021-10-21 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Guide to Construction Arbitration

Author : Stavros Brekoulakis
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377012
Total Pages : 280 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Guide to Construction Arbitration by : Stavros Brekoulakis

Download or read book Guide to Construction Arbitration written by Stavros Brekoulakis and published by Law Business Research Ltd.. This book was released on 2017-09-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Arbitration Review's The Guide to Construction Arbitration - edited by Stavros Brekoulakis and David Brynmor Thomas - takes the reader through the essential details of preparing, mitigating and managing construction disputes internationally. These include preparing contracts and guarantees, setting up dispute boards, organising proceedings in arbitrations, analysing documents and evidence and navigating within particular industries and regions. With contributions from the world's leading experts, the Guide is organised into 4 sections: I. International Construction Contracts II. International Arbitration for Construction Disputes III. Select Topics on Construction Arbitration IV. Regional Construction Arbitration.

Construction Arbitration in Central and Eastern Europe

Author : Crina Baltag
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502118
Total Pages : 406 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Construction Arbitration in Central and Eastern Europe by : Crina Baltag

Download or read book Construction Arbitration in Central and Eastern Europe written by Crina Baltag and published by Kluwer Law International B.V.. This book was released on 2019-12-11 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction Arbitration in Central and Eastern Europe Contemporary Issues Edited by: Crina Baltag & Cosmin Vasile The successful execution of a construction project is inextricably linked to the management of risks and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects in the region is highly relevant to international arbitration. Thus, this timely book provides a combination of local expertise and cross-jurisdictional perspectives on topics that most often emerge in construction disputes and which resonate far beyond the specific region covered. The authors, all practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following topics: the peculiarities of evidence in construction disputes; the probative value of dispute boards, as well as their enforceability; multi-party issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors; provisional measures; arbitrability of contracts with public authorities; issues of liquidated damages; changes of legislation and costs over passage of time; time bar issues; and resolution of disputes related to construction projects as protected investments. Given the increasing number of disputes and the scarce resources available, this essential guide to contemporary topics in construction disputes, with its cross-border perspective, will prove invaluable to practitioners and to academics in the field of construction law and dispute resolution.

AAA Handbook on Construction Arbitration and ADR - Second Edition

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833513
Total Pages : 554 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis AAA Handbook on Construction Arbitration and ADR - Second Edition by : American Arbitration Association

Download or read book AAA Handbook on Construction Arbitration and ADR - Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Multi-Party and Multi-Contract Arbitration in the Construction Industry

Author : Dimitar Kondev
Publisher : John Wiley & Sons
ISBN 13 : 111925180X
Total Pages : 408 pages
Book Rating : 4.1/5 (192 download)

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Book Synopsis Multi-Party and Multi-Contract Arbitration in the Construction Industry by : Dimitar Kondev

Download or read book Multi-Party and Multi-Contract Arbitration in the Construction Industry written by Dimitar Kondev and published by John Wiley & Sons. This book was released on 2017-01-23 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

Dispute Resolution and Conflict Management in Construction

Author : Edward Davies
Publisher : Routledge
ISBN 13 : 113580754X
Total Pages : 888 pages
Book Rating : 4.1/5 (358 download)

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Book Synopsis Dispute Resolution and Conflict Management in Construction by : Edward Davies

Download or read book Dispute Resolution and Conflict Management in Construction written by Edward Davies and published by Routledge. This book was released on 2005-10-05 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Construction ADR

Author : Adrian L. Bastianelli (III)
Publisher :
ISBN 13 : 9781627224154
Total Pages : 750 pages
Book Rating : 4.2/5 (241 download)

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Book Synopsis Construction ADR by : Adrian L. Bastianelli (III)

Download or read book Construction ADR written by Adrian L. Bastianelli (III) and published by . This book was released on 2014 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transnational Construction Arbitration

Author : Renato Nazzini
Publisher : Taylor & Francis
ISBN 13 : 1351984063
Total Pages : 373 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Transnational Construction Arbitration by : Renato Nazzini

Download or read book Transnational Construction Arbitration written by Renato Nazzini and published by Taylor & Francis. This book was released on 2017-12-06 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hospitality & Construction Disputes Post-Covid

Author : Steven Shapiro
Publisher : BRILL
ISBN 13 : 9004514872
Total Pages : 274 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Hospitality & Construction Disputes Post-Covid by : Steven Shapiro

Download or read book Hospitality & Construction Disputes Post-Covid written by Steven Shapiro and published by BRILL. This book was released on 2023-11-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hospitality and construction industries are international economic drivers, with complex economic relationships and diverse legal issues. Cases and rulings are not static and move along a continuum in time and context. The evolution of legal agreements and disputes in hospitality and construction are not confined to any sort of strict schedule. This volume addresses the many cases and experiences of parties, counsel and arbitrators during the pandemic, and discusses issues such as key contract provisions, the impact of the COVID pandemic on investment treaties, and access to arbitral institutions.

Multiple Contracts and Coordination in International Construction Projects

Author : Jürg Künzle
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519940
Total Pages : 254 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Multiple Contracts and Coordination in International Construction Projects by : Jürg Künzle

Download or read book Multiple Contracts and Coordination in International Construction Projects written by Jürg Künzle and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.

International Construction Arbitration Handbook

Author : John W. Hinchey
Publisher :
ISBN 13 : 9780314645500
Total Pages : pages
Book Rating : 4.6/5 (455 download)

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Book Synopsis International Construction Arbitration Handbook by : John W. Hinchey

Download or read book International Construction Arbitration Handbook written by John W. Hinchey and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Chern on Dispute Boards

Author : Cyril Chern
Publisher : John Wiley & Sons
ISBN 13 : 1119951992
Total Pages : 430 pages
Book Rating : 4.1/5 (199 download)

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Book Synopsis Chern on Dispute Boards by : Cyril Chern

Download or read book Chern on Dispute Boards written by Cyril Chern and published by John Wiley & Sons. This book was released on 2011-09-13 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dispute board is a panel of impartial members, appointed at the outset of the construction contract, whose purpose is to monitor progress, resolve disputes as they arise and provide a forum for discussing difficult matters. This book provides an in depth analysis of dispute board law and detailed, practical explanations of how dispute boards work in construction contracts for those actively involved. as well as for those who need to learn the process. Important features of the book include: Explanation of how a dispute board works: Insider knowledge of board operations: Key documents to run a dispute board: Detailed discussion of dispute board law (covering key jurisdictions worldwide): Forms of practice and procedure, and sample documents Reviews of the previous edition "Chern's book provides an extremely practical guide, covering not only an introduction to the process but also providing check lists and sample documentation.... This book will be welcome by practitioners in the area and newcomers to the dispute board process." —The International Journal of Arbitration, Mediation and Dispute Management, November 2009 "This book will provide a very useful, perhaps essential, guide to parties commissioning large capital construction projects, those advising them and those bidding to carry out such works, and importantly, the project funders." —The Expert & Dispute Resolver "This is a must-have book for grown up contractors" —Tony Bingham, Building "His timely work ...concentrating on what may prove to be the primary means of dispute resolution for major international construction projects is to be welcomed." —HHJ Humphrey Lloyd, QC, The International Construction Law Review "This excellent book on Dispute Boards is a must for every construction lawyer, engineer, architect and contractor who is either involved in Dispute Boards or wants to be" —Herbert Wilson, The Journal of the Dispute Board Federation