Articles on International Arbitration
Megaprojects - Mega Disaster or Disaster Preventer
Megaprojects were historically considered construction projects that cost more than $1 billion. However, recent megaprojects, particularly large-scale public works and infrastructure projects, often exceed $10 billion. Megaproject owners, and associated engineers, and contractors are using innovative project delivery strategies to contain costs, mitigate risk, manage delays, and reduce disputes. A variable delivery strategy is being used to balance risks with contract compensation. While not new to the construction industry, this concept can be particularly useful in reducing claims and disputes on megaprojects.
International Arbitration – Lessons Learned from an Expert's Point of View
International arbitration is experiencing significant growth in recent years due to many mega engineering and construction projects being developed around the world. Such projects bring together participants from different corners of the world, including host country owners, large international engineering and construction contractors, and international banks. When disputes arise, the parties often select international arbitration forums. These forums offer many advantages; however, each forum offers several unique features that engineering and construction experts need to understand before engaging in this type of work. [Full Article] [Article PDF]
Expert Hot Tubbing – Litigators, it's Coming Your Way
Expert hot tubbing, also known as expert conferencing, has become standard practice in international arbitration hearings for construction experts. Expert hot tubbing is a process typically mandated by a tribunal, domestically referred to as an arbitration panel. The parties’ experts simultaneously answer questions put forth by the arbitrators with neither assistance nor interruption from the parties’ counsel. The process takes place after the experts have testified and as one of the last activities in the hearing. In some situations, the experts are allowed, or even encouraged, to debate an issue (or issues) of interest to the panel. [Full Article] [Article PDF]