While arbitration is still regarded by construction companies as the preferred process for resolving disputes on international construction projects, there is scope for improved efficiency and flexibility at all stages of the arbitral process. That is particularly so for disputes valued at USD10m or less, where the cost of the process is often seen as a barrier to justice and the fair resolution of the dispute.
Pinsent Masons' 2019 International Arbitration Survey, in partnership with the School of International Arbitration at Queen Mary University of London, focuses on issues affecting the efficiency of resolving disputes on international construction projects and how that might be improved. Findings suggest that although arbitration is seen as the most widely selected process for resolving international construction disputes, there is a desire within the construction sector to make the dispute resolution process and most particularly, arbitration, more economical and quicker for the end user.
The survey provides valuable insight into the factors that lead to inefficiency, how respondents from diverse backgrounds and different jurisdictions perceive these and how the arbitral process might be improved to meet the needs and concerns of the construction sector. This in-depth analysis will assist clients and practitioners in evaluating what steps might be taken to optimise the arbitral process with a view to resolving disputes more efficiently and, in particular, at a much earlier stage in the lifecycle of a dispute.
Partner, Co-head of International Arbitration
Jason specialises in international arbitration, litigation and strategic project advice in the energy, infrastructure and manufacturing sectors, advising owners, operators, contractors, large corporations and government bodies.
Charles specialises in representing clients in complex dispute resolution procedures and providing strategic project support in connection with major construction, infrastructure and energy projects around the world.
This session will look at the enforceability and effects of contract escalation clauses and the challenges and advantages of mediating in a locked down world.