Decision-making in International Construction Arbitration

This book explores how international arbitrators make decisions in commercial disputes arising from international construction projects, based on in-depth interviews with 28 arbitrators and analysis of arbitration awards. It examines the extent to which arbitrators apply legal norms, consider fairness, apply mandatory rules of foreign law, and are influenced by their background characteristics. It is useful for arbitration practitioners, scholars, and dispute resolution students.

Format: Hardback
Length: 234 pages
Publication date: 03 October 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate realm of how arbitrators navigate and render decisions in the context of international construction projects, shedding light on the empirical understanding of their decision-making processes. Drawing upon extensive research conducted through in-depth interviews with 28 esteemed international construction arbitrators and a thorough analysis of numerous international construction arbitration awards, the authors have compiled a wealth of knowledge and expertise in this field. The collective experience of the participants in the authors' research encompasses hundreds of international construction arbitrations, along with numerous international commercial arbitrations, adding a depth and richness to the insights presented.

The book offers a groundbreaking exploration, presenting the findings of the first and largest research endeavor in this domain. It serves as a valuable resource for arbitration practitioners, scholars, and the broader audience of dispute resolution students, practitioners, and theorists. Within its pages, the book examines the extent to which international arbitrators adhere to the law as the substantive norm, providing an insightful explanation for this behavior. It further explores whether arbitrators tend to lean towards commercial and transnational norms when interpreting the parties' contracts, and delves into the consideration of fairness factors in their decision-making on the merits of the parties' claims. Additionally, the book scrutinizes the extent to which international arbitrators apply mandatory rules of foreign law and sheds light on the impact of arbitrators' background characteristics on their decisions.

Crafted with arbitration practitioners and scholars in mind, this book provides invaluable insights and practical guidance for both seasoned arbitrators and those embarking on their arbitration careers or pursuing arbitration qualifications. Its comprehensive nature makes it suitable for project professionals involved in contract management and dispute resolution, as it offers a comprehensive understanding of the legal and practical aspects of international construction arbitration.

In conclusion, this book is a seminal contribution to the field of international construction arbitration, offering a deep and insightful perspective on the decision-making processes of arbitrators. By examining the interplay between legal norms, fairness considerations, and arbitrators' background characteristics, it provides valuable insights for practitioners, scholars, and stakeholders in the dispute resolution arena.

Weight: 574g
Dimension: 180 x 254 x 20 (mm)
ISBN-13: 9781032299204