Construction Industry Arbitrations – Report of the ICC Commission on Arbitration and ADR

The Report of the ICC Commission on Arbitration and ADR on Construction Industry Arbitrations: Recommended Tools and Techniques for Effective Management is a 2019 update of the Final Report on Construction Industry Arbitrations.

The first edition of the Final Report on Construction Industry Arbitrations, published in 2001, provided guidance on a range of tools and techniques for use in successfully managing construction arbitrations.
Since its publication, the report has been positively received by the construction arbitration community and the tools and techniques set out in the report have been deployed successfully in institutional and ad hoc construction arbitrations all over the world. They have also been beneficial in other types of complex arbitrations.
In 2016, the ICC Commission’s Steering Committee gave a narrow mandate for the update of the report. The purpose of the update was twofold: 1) to reflect the various modifications made by the ICC Rules of Arbitration (hereinafter the “ICC Rules”) as revised in 2017 and 2) to reflect recent developments in the practice of arbitration in construction disputes. This update is meant to cover specifically construction
arbitrations and is therefore meant to complement, rather than reiterate for construction arbitrations, the contents of the report of the ICC Commission on Arbitration and ADR Task Force on Controlling Time and Costs in Arbitration.

Contents:

  1. Particularities of construction industry disputes
  2. Selection of arbitrators
  3. Initial stages
  4. Terms of Reference
  5. Summary of the claims
  6. The issues
  7. Procedural rules
  8. Case management conference and procedural timetable
  9. Timetable, practicability of steps and hearing date
  10. Procedures
  11. Further working documents and schedules
  12. Tests and site visits
  13. Programmes and critical path networks
  14. Computation of claims
  15. Splitting a case
  16. Documents and document control
  17. Witnesses
  18. Experts
  19. Hearing(s) on the merits
  20. Interim measures
  21. Settlement in arbitration
  22. Translations
    Annex – Extracts from Typical Schedules

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