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

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1119251788
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.

Multiple Contracts and Coordination in International Construction Projects

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Author :
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.

AAA Handbook on Construction Arbitration and ADR - Second Edition

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Author :
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.

Multiparty Arbitration

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Publisher :
ISBN 13 : 9789041160973
Total Pages : pages
Book Rating : 4.1/5 (69 download)

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Book Synopsis Multiparty Arbitration by : Bernard Hanotiau

Download or read book Multiparty Arbitration written by Bernard Hanotiau and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration Practice in Construction Contracts

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 0470698365
Total Pages : 298 pages
Book Rating : 4.4/5 (76 download)

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Book Synopsis Arbitration Practice in Construction Contracts by : Douglas S. Stephenson

Download or read book Arbitration Practice in Construction Contracts written by Douglas S. Stephenson and published by John Wiley & Sons. This book was released on 2008-04-30 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way. In doing so it has generated a modest volume of case law that has demonstrated the excellence of the Act's provisions and its drafting. Since the Fourth Edition of this book appeared in 1997 the Housing Grants, Construction and Regeneration Act 1996 with its Scheme for Construction Contracts Regulations 1998 have come into force, as have the Civil Procedure Rules 1998, both of which affect the resolution of disputes arising from construction contracts. Case law has arisen from the Construction Act, and from the House of Lords' judgment in the Beaufort Developments case, overturning the much-criticised judgment of the Court of Appeal in Crouch. In this Fifth Edition of an established text the author deals with each stage of an arbitration, explaining in practical terms the procedures to be adopted in avoiding disputes and in dealing with them efficiently when they do arise. It features over 20 specimen arbitration documents and includes the full text of the Act. It also covers several important developments in case law affecting construction arbitrations, and refers to the introduction and case law arising from adjudication under the Housing Grants, Construction and Regeneration Act 1996.

Transnational Construction Arbitration

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Author :
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.

Complex Arbitrations

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112442X
Total Pages : 414 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Complex Arbitrations by : Bernard Hanotiau

Download or read book Complex Arbitrations written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.

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

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1119251729
Total Pages : 420 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 2017-04-17 with total page 420 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.

Multiple Party Actions in International Arbitration

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Author :
Publisher :
ISBN 13 : 9780199551729
Total Pages : 0 pages
Book Rating : 4.5/5 (517 download)

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Book Synopsis Multiple Party Actions in International Arbitration by : R. Doak Bishop

Download or read book Multiple Party Actions in International Arbitration written by R. Doak Bishop and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.

Resolving Construction Disputes

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Author :
Publisher : Chartridge Books Oxford
ISBN 13 : 1902375319
Total Pages : 189 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Resolving Construction Disputes by : Diana Holtham

Download or read book Resolving Construction Disputes written by Diana Holtham and published by Chartridge Books Oxford. This book was released on 1999 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication

Arbitration in England

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Author :
Publisher :
ISBN 13 : 9789041139986
Total Pages : 743 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Arbitration in England by : Julian D. M. Lew

Download or read book Arbitration in England written by Julian D. M. Lew and published by . This book was released on 2013 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: England is a leading centre for arbitration, both international and domestic, arising out of all manner of contractual disputes and industry sectors. This book comprises contributions from well-known arbitration practitioners and scholars who present, in a straightforward and readable fashion, the rich and varied nature of arbitration in England today. The early chapters describe the development of the arbitral system in England and its traditional leading institutions, the London Court of International Arbitration (LCIA) and the Chartered Institute of Arbitrators (CIArb). They also provide a unique focus on the specialist areas of commodity, maritime, construction and sports arbitration. The remainder of the book deals with the law and practice of arbitration in England and concludes with two additional overview chapters relating to arbitration in Scotland and the Republic of Ireland respectively. Insightful and practical guidance is given in relation to a number of key areas, including: appointing and challenging arbitrators; applicable law and the influence of EU law; the role of the court, including anti-suit and anti-arbitration injunctions and interim relief; arbitration procedure and practice in ad hoc and institutional arbitrations; factual and expert evidence, including privilege and electronic document production; challenges to, and appeals from, awards; recognition and enforcement of awards; and multilateral and bilateral investment treaty arbitration. Anyone whose pursuits or responsibilities require knowledge of arbitration in England - including practitioners, in-house counsel, business persons, academics, and students around the world - will benefit enormously from this thorough study and analysis of contemporary arbitration practice in the jurisdiction.

Guide to Construction Arbitration

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Author :
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 and Alternative Dispute Resolution

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Author :
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.

Construction ADR

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Author :
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:

Arbitration Clauses for International Contracts - 2nd Edition

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833068
Total Pages : 368 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration Clauses for International Contracts - 2nd Edition by : Paul D. Friedland

Download or read book Arbitration Clauses for International Contracts - 2nd Edition written by Paul D. Friedland and published by Juris Publishing, Inc.. This book was released on 2007-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.

Arbitration and the Constitution

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107006112
Total Pages : 223 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Arbitration and the Constitution by : Peter B. Rutledge

Download or read book Arbitration and the Constitution written by Peter B. Rutledge and published by Cambridge University Press. This book was released on 2013 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.