AAA Handbook on Construction Arbitration and ADR - Second Edition

AAA Handbook on Construction Arbitration and ADR - Second Edition
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
Total Pages: 554
Release: 2010-10-01
Genre: Arbitration and award
ISBN: 1933833513

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Alternatives to Litigation

Alternatives to Litigation
Author: Andrea Doneff
Publisher: Aspen Publishing
Total Pages: 294
Release: 2014-07-17
Genre: Law
ISBN: 160156337X

Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.

Guide to Construction Arbitration

Guide to Construction Arbitration
Author: Stavros Brekoulakis
Publisher: Law Business Research Ltd.
Total Pages: 253
Release: 2017-09-12
Genre:
ISBN: 1912377012

Global Arbitration Review's The Guide to Construction Arbitration - edited by Stavros Brekoulakis and David Brynmor Thomas - takes the reader through the essential details of preparing, mitigating and managing construction disputes internationally. These include preparing contracts and guarantees, setting up dispute boards, organising proceedings in arbitrations, analysing documents and evidence and navigating within particular industries and regions. With contributions from the world's leading experts, the Guide is organised into 4 sections: I. International Construction Contracts II. International Arbitration for Construction Disputes III. Select Topics on Construction Arbitration IV. Regional Construction Arbitration.

Arbitration Practice in Construction Contracts

Arbitration Practice in Construction Contracts
Author: Douglas S. Stephenson
Publisher: John Wiley & Sons
Total Pages: 298
Release: 2008-04-30
Genre: Technology & Engineering
ISBN: 0470698365

Since it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way. In doing so it has generated a modest volume of case law that has demonstrated the excellence of the Act's provisions and its drafting. Since the Fourth Edition of this book appeared in 1997 the Housing Grants, Construction and Regeneration Act 1996 with its Scheme for Construction Contracts Regulations 1998 have come into force, as have the Civil Procedure Rules 1998, both of which affect the resolution of disputes arising from construction contracts. Case law has arisen from the Construction Act, and from the House of Lords' judgment in the Beaufort Developments case, overturning the much-criticised judgment of the Court of Appeal in Crouch. In this Fifth Edition of an established text the author deals with each stage of an arbitration, explaining in practical terms the procedures to be adopted in avoiding disputes and in dealing with them efficiently when they do arise. It features over 20 specimen arbitration documents and includes the full text of the Act. It also covers several important developments in case law affecting construction arbitrations, and refers to the introduction and case law arising from adjudication under the Housing Grants, Construction and Regeneration Act 1996.

The Client's Guide to Mediation and Arbitration

The Client's Guide to Mediation and Arbitration
Author: Peter R. Silverman
Publisher:
Total Pages: 116
Release: 2008
Genre: Law
ISBN:

Written for business owners who need to engage in mediation or arbitration who may not be familiar with the concepts or legal aspects of the process. This book will give the business executives the tools they need for their business to win through mediation and arbitration, and save lawyers involved in the process a lot of background and explanation.

Resolving Disputes by Arbitration

Resolving Disputes by Arbitration
Author: Catherine Swee Kian Tay
Publisher: NUS Press
Total Pages: 194
Release: 1998
Genre: Law
ISBN: 9789971692193

In this book, the author explains in simple language how business contracts can be better managed by helping the reader be more aware of the various ways through which disputes may be resolved practically and efficiently, especially by arbitration. It also gives an overview of arbitration and the law, including domestic arbitration and international commercial arbitration, and the key elements and considerations that one should know. Intended for the general reader but should be an equally useful reference for the professional.

Dispute Resolution in the Construction Industry

Dispute Resolution in the Construction Industry
Author: Nicholas Gould
Publisher: Thomas Telford
Total Pages: 116
Release: 1999
Genre: Arbitration and award
ISBN: 9780727728364

This title works its way through the spectrum of dispute resolution techniques, negotiation, mediation and conciliation, expert determination, adjudication, arbitration, litigation and more.

International Construction Arbitration Law

International Construction Arbitration Law
Author: Jane Jenkins
Publisher: Kluwer Law International B.V.
Total Pages: 502
Release: 2021-02-10
Genre: Law
ISBN: 9403530448

Arbitration in Context Series Volume 1 There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The third edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, updated to include the latest edition of arbitral rules and introducing the Prague Rules, considers the full range of available dispute resolution methods, including mediation, conciliation and determination by dispute review boards, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, selection of the tribunal, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. The third edition addresses fresh thinking on MedArb, guidance on preparation for and conduct of virtual hearings in the wake of COVID-19, technological advances to assist collection and presentation of evidence, litigation funding and includes a new chapter on the role of arbitration in tender disputes. Specific valuable features include the following: guidance on the drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; flowcharts to illustrate the stages in dispute procedures and arbitration; a comparison between common law and civil law approaches to key concepts; details of the key features of a construction contract, common standard forms and procurement structures; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration to maximise efficiency; and coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution.

Arbitration Practice in Construction Contracts

Arbitration Practice in Construction Contracts
Author: Douglas A. Stephenson
Publisher: Taylor & Francis
Total Pages: 236
Release: 1993
Genre: Architecture
ISBN: 9780419183303

This book considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when.