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Trends in International Construction Arbitration

Instructor: Jim Zack
Product ID: 704520
  • Duration: 90 Min
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This 90-minute webinar will discuss current trends concerning international construction arbitration Attendees will learn the ins and outs of international construction arbitration including twelve trends current in this forum globally as well as six developing trends that may have the potential of changing today’s international construction arbitration.

Why Should You Attend:

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 a 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 a 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.

This webinar with discuss the current and upcoming trends in construction arbitration along with the key challenges, opportunities, laws and compliance requirements.

Learning Objective:

  • Corporate policies concerning arbitration versus litigation
  • The role of in-house legal counsel in selecting external counsel
  • The law of the contract, the seat of arbitration, and what they look for when seeking external counsel
  • Attendees will gain insight concerning the time and cost of international arbitration
  • The potential for appeal of arbitral decisions as well as the enforceability of such decisions
  • 12 trends in international arbitration
  • 6 developing trends that have the potential to change the nature of international arbitration.

Areas Covered in the Webinar:

  • Current trends concerning international construction arbitration
  • Corporate dispute resolution policies that favor arbitration
  • Why all arbitral institutions report a growth in case filings year after year
  • Why in-house legal counsel do not use retained legal counsel but seek specialized counsel
  • Why in-house legal counsel are insistent on top influences for selecting arbitrators and their choice of governing law
  • Among 28 arbitral institutions globally, which 3 dominate the field
  • There are two favored seats of arbitration but why some regional centers are gaining popularity
  • Why international arbitration is no longer faster or cheaper than litigation
  • How a high percentage of disputes are settled prior to issuance of an arbitral award
  • Why very few participants have to appeal an award for judicial enforcement
  • How a majority of international corporations would grade and report on arbitrator performance
  • Why confidentiality of arbitration remains one of the strongest selling points for arbitration

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.

Instructor Profile:

James G. Zack, Jr., CCM, CFCC, FAACE, FFA, FRICS, PMP, is the executive director of the Navigant Construction Forum. Formerly the executive director, corporate claims management for Fluor Corporation and vice president of PinnacleOne. With 40 years’ experience working on construction projects he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. He is a nationally known author, speaker and trainer concerning the management, mitigation and resolution of construction claims and disputes.

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