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Construction Arbitration and Alternative Dispute Resolution: Theory and Practice around the World

Construction Arbitration and Alternative Dispute Resolution: Theory and Practice around the World

  • 作者:
  • 出版商: Informa Publishing
  • ISBN: 9780367740740
  • 出版时间 January 2024
  • 规格: Paperback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥376.00

¥364.72 Save ¥11.28 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR).

    Covering four general themes, this book discusses:

    • the increasing internationalisation of dispute resolution in construction law
    • the increasing reliance on technology in the management of construction projects and construction arbitration/ADR
    • the increasing prominence of collaborative contracting in construction and infrastructure projects
    • the increasing importance of contractual adjudication such as Dispute Boards in construction and infrastructure projects
    • the increasing prevalence of statutory adjudication mechanisms across the world, and
    • the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements

    Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice.

    Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

  • Chapter 1: Introduction
    Renato Nazzini
    Part I: The Internationalisation of Construction Dispute Resolution
    Chapter 2: The Problem of the Law Governing the Arbitration Clause between National Rules and Transational Solutions
    Renato Nazzini
    Chapter 3: The Singapore Convention on Mediation - Its Impace on International Construction Disputes
    Shouyu Chong
    Part II: Artificial Intelligence: A Game Changer?
    Chapter 4: The Relevance of Artificial Intelligence for Construction Disputes
    Erik Schäfer
    Chapter 5: Administering Artificial Intelligence in Arbitration
    Maud Piers and Christian Aschauer
    Part III: Good Faith and Collaborative Dispute Resolution
    Chapter 6: The Relevance of Good Faith in Transnational Construction Contracts: A Civil Law Perspective
    Olivier Caprasse and Maxime Tecmenne
    Chapter 7: Searching for Convergence between the Common Law and Civil Law Traditions on Good Faith through International Arbitration
    David Arias and James Doe
    Chapter 8: Collaborative Dispute Resolution
    Shy Jackson
    Part IV: Contractual Adjudication: Dispute Boards in International Construction Disputes
    Chapter 9: Dispute Boards: Trends, Observations, Developments and Procedures
    Nicholas Gould and Robbie McCrea
    Chapter 10: Enforcement of DAB Decisions Under the FIDIC Forms of Contract
    Taner Dedezade
    Chapter 11: Emergency Arbitration and the Interplay with other Pre-Arbitral Mechanisms
    Patricia Shaughnessy
    Part V: Statutory Construction Adjudication: A Global Perspective
    Chapter 12: Adjudication in the United Kingdom: Recent Developments
    James Pickavance
    Chapter 13: Statutory Construction Adjudication in Canada
    Duncan W Glaholt
    Chapter 14: Statutory Adjudication in Singapore
    Toh Chen Han
    Chapter 15: Adjudication in Australia
    Sean Kelly, Julian Bailey and Matthew Bell
    Part VI: Contracting with the State in the 21st Century
    Chapter 16: Achmea: From the Judgment to the Plurilateral Agreement, Towards the Disappearance of Intra-EU Bilateral Investment Protection Treaties
    Malik Laazouzi
    Chapter 17: State immunity and its implications when resolving disputes with – and enforcing outcomes against – states
    Michael Cottrell

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