Rupert Choat, in conjunction with Adrian Bell, Partner, CMS London and Aidan Steensma, Of Counsel, CMS London, has co-authored the England and Wales section of the IBA’s Country Guide project on ADR in construction.
Initiated by the International Construction Projects Committee (ICP) of the International Bar Association (IBA), the aim of the project is to examine alternative dispute resolution methods in construction projects throughout the world and to inform ICP members about issues that may be specific to the dispute resolution of construction projects.
Among other issues, the Guides aim at creating a better understanding among ICP members of how some features of the dispute resolution mechanisms found in the FIDIC (International Federation of Consulting Engineers) ‘Conditions of Contract’ may be more difficult to implement in some jurisdictions than in others. These FIDIC ‘Conditions of Contract’ are widely used for international construction projects.
As well the Country Guide for England and Wales, guides for 19 other jurisdictions are also available.
To download the ICP ADR in Construction England and Wales guide go to the IBA website here.
Table of contents
1. Background
2. Dispute resolution agreements
3. ADR and jurisdiction
4. Arbitrators, adjudicators, dispute board members, mediators
5. ADR procedure
6. Interim measures and interim awards
7. Awards, decisions, recommendations, negotiated agreement
8. Enforcement of and challenges to awards and decisions
9. Trends and developments
10. Other Important Issues
