News
2000

Call for comments on construction industry arbitration

A top-level think tank within the ICC Commission on International Arbitration released a draft report on construction industry arbitration last month and now calls upon experts throughout the world to comment.

The report is the work of the Construction Arbitration Section of the Commission's Forum on Arbitration Issues and New Fields. The members of the Construction Arbitration Section are:
Dr Nael G. Bunni (joint Section leader)
Judge Humphrey Lloyd QC (joint Section leader)
Dr Michael E. Schneider (Forum leader)
Mr William Laurence Craig
Dr Aktham El Kholy
Dr Joachim E. Goedel
Mr Sigvard Jarvin
Dr Igor Leto
Ms Vera Van Houtte

The terms of reference that led to the draft report were as follows:
"Construction arbitrations need careful handling. Some arbitrators and others may not be fully aware of how best to use the powers conferred by the 1998 ICC Rules to secure cost-effective arbitrations. The Construction Arbitration Section will first find out what techniques have been used successfully to control construction arbitrations. It will then produce guidance for arbitrators, perhaps in the form of a handbook, which might contain sample procedures (under Article 15), directions and forms.
The Section will take account of the effect on arbitrations of the introduction into contracts of new and evolving forms of dispute resolution which are intended to reduce the disputes that require to be arbitrated, e.g. dispute review experts or boards or adjudicators. It is hoped that in this way it will be possible to demonstrate that arbitration under the ICC Rules, if properly directed by the arbitral tribunal, is at least as good as arbitration under other rules or at other centres."

Comments are to be submitted by 29 September 2000 to:

Emmanuel Jolivet
Fax: +33 1 49 53 29 33
E-mail: Click here to send a mail

Please quote as reference: Document No. 420/21-002