International Construction Arbitration Law
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Description
There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The second edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, now updated to include the latest edition of arbitral rules, considers the full range of available dispute resolution methods, including mediation, conciliation, and (increasingly common in international construction disputes) determination by dispute review boards or expert panels, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. Specific valuable features include the following: guidance on drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; flowcharts to illustrate the stages in dispute procedures and arbitration; a comparison between common law and civil law approaches to key concepts; details of the key features of a construction contract and common standard forms; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration; and coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution.
AI Overview
Title: International Construction Arbitration Law by Jane Jenkins
Overview: The book "International Construction Arbitration Law" by Jane Jenkins is a comprehensive guide to the practice of dispute resolution in international construction arbitration. Here is a detailed overview of the key themes, plot summary, and critical reception:
Key Themes
Dispute Resolution Methods: The book covers a wide range of dispute resolution methods, including mediation, conciliation, and determination by dispute review boards or expert panels. It emphasizes arbitration as a primary method for resolving international construction disputes[2][5].
Arbitration Process: The text delves into all aspects of arbitration, from the commencement of proceedings to the preparation and collection of evidence necessary in complex construction cases. It also addresses common procedural issues and the conduct of hearings[2][5].
Technological Advancements: The third edition addresses fresh thinking on MedArb (mediation-arbitration) and provides guidance on preparation for and conduct of virtual hearings in the wake of COVID-19. It also discusses technological advancements in arbitration[3][4].
Latest Arbitral Rules: The book is updated to include the latest edition of arbitral rules and introduces the Prague Rules, which are significant developments in the practice of dispute resolution[2][4].
Plot Summary
The book systematically explores the entire arbitration process, starting with the initiation of proceedings. It covers the preparation and collection of evidence, common procedural issues, and the conduct of hearings. It also discusses the effect of the award, challenges to it, and its enforcement. The text provides a detailed analysis of each step involved in international construction arbitration, making it a practical guide for practitioners and scholars alike[2][5].
Critical Reception
While there are no detailed reviews available on platforms like Goodreads, the book is highly regarded for its comprehensive scope and accessible style. It is described as a practical guide aimed at addressing significant developments in the practice of dispute resolution. The third edition has been particularly praised for its inclusion of fresh thinking on MedArb and guidance on virtual hearings[1][3][4].
In summary, "International Construction Arbitration Law" by Jane Jenkins is a seminal work in the field of international construction arbitration. It offers a thorough examination of dispute resolution methods, the arbitration process, and the latest developments in the field, making it an essential resource for practitioners and scholars.