Description

Book Synopsis

This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations.

It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether ar

Table of Contents

1 Introduction. 2 Background. 3 Law as a Substantive Norm. 4 Commercial Norms. 5 International Construction Law. 6 Fairness as a Substantive Norm. 7 Mandatory rules of foreign law. 8 The arbitrator’s background. 9 Conclusion

Decisionmaking in International Construction

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    A Hardback by Haytham Besaiso

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      Book details

      Publisher Taylor & Francis Ltd
      Published 10 March 2023
      ISBN-13 9781032299204
      978-1032299204
      ISBN-10 1032299207
      Also in:
      Law Legal systems: civil procedure, litigation and dispute resolution Technology, Engineering & Agriculture Building construction and materials

      Description

      Book Synopsis

      This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations.

      It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether ar

      Table of Contents

      1 Introduction. 2 Background. 3 Law as a Substantive Norm. 4 Commercial Norms. 5 International Construction Law. 6 Fairness as a Substantive Norm. 7 Mandatory rules of foreign law. 8 The arbitrator’s background. 9 Conclusion

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