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Multi-Party and Multi-Contract Arbitration in the Construction Industry (eBook)

Dimitar Kondev

ISBN13: 9781119251781

Published: March 2017

Publisher: Wiley-Blackwell

Country of Publication: UK

Format: eBook (ePub)

Price: Out of print
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9781119251729

£86.95

Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector.

Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

Subjects:: Construction Law, eBooks

Contents:: About the Author x; Foreword xi; Preface xiii; Acknowledgements xv; List of Abbreviations xvi; 1. Introduction 1; 1.1 General background and research problem 1; 1.2 Scope of the book, limitations and literature review 4; 1.3 Sources used 6; 1.4 Structure of the book 9; 1.5 Aims and contribution of the book 10; 2. Multi -Party Arbitration in General 11; 2.1 Terminology notes 11; 2.2 Legal techniques introducing multi -party arbitration 15; 2.3 Advantages of multi -party arbitration 18; 2.4 Obstacles to multi -party arbitration 21; 3. The Need for Multi -Party Arbitration in the Construction Sector 31; 3.1 Specifics of construction disputes and construction arbitration 31; 3.2 Introduction to international standard form construction agreements 33; 3.3 Contractual structures in construction projects 40; 3.4 Parties’ interests in multi ]party arbitration 46; 4. Multi -Party Arbitration Solutions under Arbitration Rules 60; 4.1 ICC Rules 61; 4.2 CEPANI Rules 71; 4.3 LCIA Rules 77; 4.4 UNCITRAL Rules 80; 4.5 Swiss Rules 84; 4.6 Rules adopted by the American Arbitration Association (‘AAA’) 90; 4.7 Vienna Rules 94; 4.8 DIS Arbitration Rules 99; 4.9 SCC Rules 100; 4.10 DIA Rules 101; 4.11 Arbitration rules in Asia 102; 4.12 Concluding remarks regarding arbitration rules 115; 5. Multi -Party Arbitration Solutions under Arbitration Laws 121; 5.1 UNCITRAL Model Law 122; 5.2 The United Kingdom 124; 5.3 The Netherlands 129; 5.4 Belgium 131; 5.5 New Zealand 132; 5.6 Hong Kong 133; 5.7 Canada 137; 5.8 Australia 138; 5.9 Other countries 139; 5.10 Multi -party arbitration in the United States 140; 5.11 Should arbitration laws deal with multi -party arbitration? 158; 5.12 Concluding remarks regarding arbitration laws 164; 6. Contractual Solutions to Multi -Party Arbitration 167; 6.1 FIDIC Conditions of Contract 169; 6.2 Blue Form 175; 6.3 JCT Contracts 208; 6.4 ACA standard forms 223; 6.5 NEC3 226; 6.6 IChemE contracts 234; 6.7 ICC contracts 237; 6.8 PPC and SPC International 238; 6.9 ENAA Model forms 240; 6.10 AIA standard forms 242; 6.11 ConsensusDocs 247; 6.12 AB 92 and ABT 93 250; 6.13 Concluding remarks regarding contractual approaches 252; 7. Proposed Solutions 255; 7.1 Jurisdictional approach 256; 7.2 Abstract consensual approach 262; 7.3 Proposed contractual solutions 264; 7.4 Institutional approach 313; 8. Conclusion 325; Table 1 Summary of Multi-Party Arbitration Provisions under the Reviewed Arbitration Rules 328; Table 2 Summary of Multi-Party Arbitration Provisions under Arbitration Laws 333; Appendix 1 Second Alternative Clause of Clause 20 of the FIDIC Subcontract 337; Appendix 2 Multi -Party Arbitration Provisions under the Blue Form 351; Appendix 3 Multi -Party Arbitration Clauses under the ENAA Model Form – International Contract for Process Plant Construction, 2010 and Related Subcontracts 355; Bibliography 358; Index 381