For more than two decades, the ICC's think tank and rule making body, the Commission on Arbitration and ADR, has been giving special attention to best practice in the management of construction industry arbitrations under the auspices of the ICC Rules of Arbitration. The ICC Commission Report, Construction Industry Arbitrations Recommended Tools and Techniques for Effective Management is a 2019 update of the first edition of the Final Report on Construction Industry Arbitrations published in 2001, reflecting both the various modifications made by the ICC Rules of Arbitration (as revised in 2017) and developments in the practice of arbitration in construction disputes. Thus it gives contemporary guidance on a range of tools and techniques for use in successfully managing construction arbitrations in the present day.
This seminar series provides a review of the techniques and tools flowing from the 2019 Report, as currently practiced in well managed international construction arbitrations, sharing experiences from the perspective of counsel, arbitrators and the ICC Court of Arbitration as to what works, when and how. Insights will be shared from Nicholas and Yong Neng's recent publication on the 2019 Report in the prestigious International Construction Law Review ( Pt. 4, p. 455).
Provisionally, the seminar series will comprise the following six parts:
Part 1 – Introduction to the 2019 Report – commencement and tribunal formation
Part 2 – Identifying and resolving issues in dispute
Part 3 – Managing the arbitral process
Part 4 – Document control
Part 5 – Witness and expert evidence
Part 6 – Party settlement
This first seminar will address deployable techniques and tools associated with commencement and formation of a suitable arbitral tribunal.
Download presentation slides (36-page / 2.7 MB PDF)
Chan Yong Neng
Associate at Pinsent Masons
Counsel at ICC International Court of Arbitration