Key Take Away:
This webinar will enable you to know the current trends in international construction arbitration law with respect to choice of law, choice of seat, and choice of arbitral institutions. Also get exposed to the true time and cost of international construction arbitration and gain insight into the choice of legal counsel and arbitrators.
International arbitration is a transnational dispute typically involving disputes between parties from different nations often performing work in yet another nation.
A UK contractor constructing an ore processing facility in a sub-Saharan African nation on behalf of a Canadian minerals company, files a claim for UK£1.45 million and seeks arbitration when the project owner refuses to settle is an example of an international arbitration.
As the world’s economy has become more globalized, more corporations are working internationally. Over the past two to three decades disputes on construction projects have become larger, more complicated and more common.
Research indicates that arbitration is the preferred dispute resolution mechanism for international corporations rather than transnational litigation. As the number of arbitration case filings has increased so has the number of arbitral institutions (which now number at least 28) and the seats of arbitration. Perhaps in reaction to growing criticism of the process, there has been and continues to be other changes concerning international arbitration.
Why Should You Attend:
Contractors bidding/ negotiating or working on an international construction contract are most likely bound by law of the contract to some form of international arbitration – under an international arbitral institution’s rules; in an overseas location; based on the governing law of a foreign nation; and with little opportunity to appeal an arbitral institution.
Likewise, contractors in this situation may also find that they need to retain legal counsel other than the law firm that they typically use. If contractors are involved in negotiation of an international contract they and their legal counsel decisions will have to be made on the choice of law, the choice of arbitral institution, the choice concerning the seat (location) of the arbitration proceedings and, perhaps, even that language of the arbitration proceedings. Each of these decisions has consequences concerning the cost of arbitration, the process and procedures involved in an arbitration, and many others. All need to be taken into account when decisions concerning international arbitration are being made.
Gain insight into developing trends concerning transnational litigation including:
The growth in appellate rights
The expansion of discovery
The trend toward informal and interim dispute resolution measures
The growing methods to expedite proceedings
Areas Covered In This Webinar
Corporate dispute resolution policies favor seat of arbitration
Virtually all arbitral institutions report a growth in case filings year after year
In-house legal counsel does not use retained legal counsel but seek specialized counsel
In-house legal counsel is remarkably consistent on top influences for selecting arbitrators
In-house counsel is also consistent on their choice of governing law contract
Despite 75 arbitral institutions globally, 3 dominate the field
There are two favored seats of arbitration but some regional centers are gaining in popularity
International arbitration is no longer faster or cheaper than litigation
A high percentage of disputes are settled prior to issuance of an arbitral award
Very few participants have to appeal an award for judicial enforcement
A majority of international corporations would grade and report on arbitrator performance
Confidentiality of arbitration remains one of the strongest selling points for arbitration
Learn about the current status of international arbitration and the decisions that must be made concerning arbitration
Examine and learn about some recently identified game changing trends concerning international arbitration and what they may mean for contractors and their legal counsel working abroad
Who Will Benefit:
Owners performing Projects in the International Arena
Legal Counsel advising Clients concerning International Arbitration
Design Professionals and Construction Managers working on International Projects
Contractors and Subcontractors performing International Projects
James G. Zack
James G. Zack, Jr., CCM, CFCC, FFA, FAACE, FRICS, PMP, is the Executive Director of the Navigant Construction Forum – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally.
Formerly, Executive Director, Corporate Claims Management for Fluor Corporation, a $24 billion/year EPC with offices and projects worldwide.
Previous to that, Vice President of PinnacleOne and Executive Director, PinnacleOne Institute and Senior Construction Claims Consultant with CH2M HILL, Inc.
With 40+ years of experience working on construction projects he is a recognized expert in mitigation, analysis and resolution or defense of construction claims.
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