Description

Book Synopsis

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR).

Covering four general themes, this book discusses:

  • the increasing internationalisation of dispute resolution in construction law;
  • the increasing reliance on technology in the management of construction projects and construction arbitration/ADR;
  • the increasing prominence of collaborative contracting in construction and infrastructure projects;
  • the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects;
  • the increasing prevalence of statutory adjudication mechanisms across the world; and
  • the greater incidence of investment disputes and disputes against States and State entities over constructio

    Table of Contents

    Chapter 1: Introduction Renato Nazzini;

    Part I: The Internationalisation of Construction Dispute Resolution;

    Chapter 2: The Problem of the Law Governing the Arbitration Clause between National Rules and Transational Solutions Renato Nazzini;

    Chapter 3: The Singapore Convention on Mediation: Its Impact on International Construction Disputes Shouyu Chong;

    Part II: Artificial Intelligence: A Game Changer?;

    Chapter 4: The Relevance of Artificial Intelligence for Construction Disputes Erik Schäfer;

    Chapter 5: Administering AI in Arbitration Maud Piers and Christian Aschauer;

    Part III: Good Faith and Collaborative Dispute Resolution;

    Chapter 6: The Relevance of Good Faith in Transnational Construction Contracts: A Civil Law Perspective Olivier Caprasse and Maxime Tecmenne;

    Chapter 7: Searching for Convergence between the Common Law and Civil Law Traditions on Good Faith through International Arbitration David Arias and James Doe;

    Chapter 8: Collaborative Dispute Resolution Shy Jackson;

    Part IV: Contractual Adjudication: Dispute Boards in International Construction Disputes;

    Chapter 9: Dispute Boards: Trends, Observations, Developments and Procedures Nicholas Gould and Robbie McCrea;

    Chapter 10: Enforcement of DAB Decisions Under the FIDIC Forms of Contract Taner Dedezade;

    Chapter 11: Emergency Arbitration and the Interplay with other Pre-Arbitral Mechanisms Patricia Shaughnessy;

    Part V: Statutory Construction Adjudication: A Global Perspective;

    Chapter 12: Statutory Adjudication in the United Kingdom James Pickavance;

    Chapter 13: Statutory Adjudication in Canada Duncan W Glaholt;

    Chapter 14: Statutory Adjudication in Singapore Toh Chen Han;

    Chapter 15: Statutory Adjudication in Australia Sean Kelly, Julian Bailey and Matthew Bell;

    Part VI: Contracting with the State in the 21st Century;

    Chapter 16: Achmea: From the Judgment to the Plurilateral Agreement, towards the Disappearance of Intra-EU Bilateral Investment Protection Treaties Malik Laazouzi;

    Chapter 17: State immunity and its implications when resolving disputes with – and enforcing outcomes against – states Michael Cottrell

Construction Arbitration and Alternative Dispute

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A Paperback by Renato Nazzini

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    View other formats and editions of Construction Arbitration and Alternative Dispute by Renato Nazzini

    Publisher: Taylor & Francis Ltd
    Publication Date: 1/29/2024 12:00:00 AM
    ISBN13: 9780367740740, 978-0367740740
    ISBN10: 0367740745

    Description

    Book Synopsis

    This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR).

    Covering four general themes, this book discusses:

    • the increasing internationalisation of dispute resolution in construction law;
    • the increasing reliance on technology in the management of construction projects and construction arbitration/ADR;
    • the increasing prominence of collaborative contracting in construction and infrastructure projects;
    • the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects;
    • the increasing prevalence of statutory adjudication mechanisms across the world; and
    • the greater incidence of investment disputes and disputes against States and State entities over constructio

      Table of Contents

      Chapter 1: Introduction Renato Nazzini;

      Part I: The Internationalisation of Construction Dispute Resolution;

      Chapter 2: The Problem of the Law Governing the Arbitration Clause between National Rules and Transational Solutions Renato Nazzini;

      Chapter 3: The Singapore Convention on Mediation: Its Impact on International Construction Disputes Shouyu Chong;

      Part II: Artificial Intelligence: A Game Changer?;

      Chapter 4: The Relevance of Artificial Intelligence for Construction Disputes Erik Schäfer;

      Chapter 5: Administering AI in Arbitration Maud Piers and Christian Aschauer;

      Part III: Good Faith and Collaborative Dispute Resolution;

      Chapter 6: The Relevance of Good Faith in Transnational Construction Contracts: A Civil Law Perspective Olivier Caprasse and Maxime Tecmenne;

      Chapter 7: Searching for Convergence between the Common Law and Civil Law Traditions on Good Faith through International Arbitration David Arias and James Doe;

      Chapter 8: Collaborative Dispute Resolution Shy Jackson;

      Part IV: Contractual Adjudication: Dispute Boards in International Construction Disputes;

      Chapter 9: Dispute Boards: Trends, Observations, Developments and Procedures Nicholas Gould and Robbie McCrea;

      Chapter 10: Enforcement of DAB Decisions Under the FIDIC Forms of Contract Taner Dedezade;

      Chapter 11: Emergency Arbitration and the Interplay with other Pre-Arbitral Mechanisms Patricia Shaughnessy;

      Part V: Statutory Construction Adjudication: A Global Perspective;

      Chapter 12: Statutory Adjudication in the United Kingdom James Pickavance;

      Chapter 13: Statutory Adjudication in Canada Duncan W Glaholt;

      Chapter 14: Statutory Adjudication in Singapore Toh Chen Han;

      Chapter 15: Statutory Adjudication in Australia Sean Kelly, Julian Bailey and Matthew Bell;

      Part VI: Contracting with the State in the 21st Century;

      Chapter 16: Achmea: From the Judgment to the Plurilateral Agreement, towards the Disappearance of Intra-EU Bilateral Investment Protection Treaties Malik Laazouzi;

      Chapter 17: State immunity and its implications when resolving disputes with – and enforcing outcomes against – states Michael Cottrell

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