Overview

This essential reference work, which is now in its second edition, is the only work specifically dealing with the topic of multi-party and multi-contract arbitration in the construction sector. The book opens with an explanation of multi-party arbitration in general. The analysis covers the different procedures that may lead to multi-party arbitration, such as single request for arbitration against multiple parties, joinder, intervention, and consolidation. It considers the advantages and disadvantages of multi-party arbitration compared to bipartite arbitrations. This is followed by detailed analysis of the specifics of construction disputes, international standard forms of contracts, contractual models used in the construction sector, and the need for multi-party arbitration in light of each party's interests. There is also a critical examination of the multi-party arbitration solutions contained in numerous institutional and ad hoc arbitration rules that are widely used in the construction sector. Later chapters provide a detailed review of various statutory approaches to multi-party arbitrations and relevant case law, as well as comprehensive discussion of multi-party arbitration clauses in various (both international and domestic) standard forms of contract commonly used in construction and the relevant case law. The work offers suggestions for improving the regulation of multi-party disputes by critically assessing institutional arbitration rules and parties' contracts. It includes practical guidelines for drafting multi-party arbitration clauses. This new edition has been updated to account for significant changes made by arbitral institutions to their arbitration rules on multi-party and multi-contract arbitrations. The chapter focusing on statutory provisions on multi-party arbitration has been expanded to cover new jurisdictions that have recently introduced such provisions as well as jurisdictions, such as France, Switzerland and Singapore, which are often chosen as seats of arbitration. Multi-Party and Multi-Contract Construction Arbitrations has a clear, practical approach to multi-party arbitration in the construction sector. It is essential to lawyers advising on transactional construction law, construction disputes, and arbitration; arbitrators and judges; and arbitral institutions.

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9780192867650

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Dr. Dimitar Hr. Kondev is a Senior Associate at White & Case LLP in Paris and a Lecturer in International Construction Law at the Aarhus University, Denmark. He has over 15 years of experience in advising clients on the drafting and negotiation of construction contracts and representing them in adjudication and arbitration proceedings on construction disputes arising out of large-scale construction projects. Kondev has advised FIDIC on the preparation of a number of its contract forms. He is the current principal drafter of the FIDIC Bronze Book and a member of FIDIC Task Group 22 for the preparation of an EPCM form of contract. Kondev has been selected by Who's Who Legal (now Lexology Index) as being among the highest-ranked construction lawyers.

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