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Dispute Resolution - A global perspective, The English View

Richard Bailey

Dispute Resolution in construction disputes continues grow in sophistication throughout the international legal community. In this paper we discuss the primary concepts of dispute resolution.  There are several ADR approaches used in  resolving construction disputes (mediation, arbitration, DBs, adjudication, expert determination, etc.) . The paper investigates what makes one approach better that the others.  Is there a trend of preference for one ADR approach over another? What are the key elements to consider when selecting an ADR approach for a project? The paper also covers the fundamental differences and similarities between Common law and the Civil law.  The paper also seeks to determine whether Dispute Boards are compatible with existing government procurement laws in place today.  The paper further explores the sophistication of parties in International Arbitration, and the relevance of the Seat of the Arbitration (e.g. Lex Arbitri  vs. Lex Fori, New York Convention and Panama Convention).  The paper also performs a review of the ICC expedited procedure as part of the growing trend for faster more cost effective dispute resolution. Finally, the paper concludes with some of the good and bad practices using as a case study some international construction cases.