{"title":"Conduct of the Proceedings","authors":"A. Winstanley","doi":"10.54648/bcdr2017022","DOIUrl":"https://doi.org/10.54648/bcdr2017022","url":null,"abstract":"","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114874332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Party Representation: Does Article 21 Mark a Trend?","authors":"James E. Castello","doi":"10.54648/bcdr2017024","DOIUrl":"https://doi.org/10.54648/bcdr2017024","url":null,"abstract":"","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131089959","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Règlement darbitrage de la Chambre de Bahreïn pour le règlement des différends, en vigueur à partir du 1er octobre 2017","authors":"","doi":"10.54648/bcdr2017026","DOIUrl":"https://doi.org/10.54648/bcdr2017026","url":null,"abstract":"","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133389050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Place of the Arbitration, Jurisdiction and Applicable Law: Support for Bahrains Free Arbitration Zone and Current Best Practices","authors":"A. Bedrosyan, J. Townsend","doi":"10.54648/bcdr2017023","DOIUrl":"https://doi.org/10.54648/bcdr2017023","url":null,"abstract":"","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114365895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The construction industry regularly uses arbitration to resolve the technically and legally complex disputes that projects frequently generate.There is good reason for this. Construction projects are often international in nature, with parties wishing to avoid vagaries of local courts and difficulties of enforcing court judgments overseas. Even domestic parties often contract out of state courts in order to obtain the flexibility and confidentiality that arbitration can offer.Working through key principles and having regard to the typical disputes that construction projects generate, this article offers insight into the numerous issues likely to arise in construction arbitrations and guidance on how to deal effectively with them in order to maximize one’s chances of success.
{"title":"Winning Construction Arbitration in the Gulf: Some Strategic Considerations","authors":"A. Cole","doi":"10.54648/bcdr2017008","DOIUrl":"https://doi.org/10.54648/bcdr2017008","url":null,"abstract":"The construction industry regularly uses arbitration to resolve the technically and legally complex disputes that projects frequently generate.There is good reason for this. Construction projects are often international in nature, with parties wishing to avoid vagaries of local courts and difficulties of enforcing court judgments overseas. Even domestic parties often contract out of state courts in order to obtain the flexibility and confidentiality that arbitration can offer.Working through key principles and having regard to the typical disputes that construction projects generate, this article offers insight into the numerous issues likely to arise in construction arbitrations and guidance on how to deal effectively with them in order to maximize one’s chances of success.","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122978408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explains how civil and commercial laws, based on European codes (but adapted in some respects to be Shari’a-compliant), have been adopted in most of the Gulf Cooperation Council countries outside Saudi Arabia. It also contains a practical comparative law primer on how to understand and reconcile Islamic, civil and common law approaches in construction arbitrations, highlighting six common features of Middle East laws that pose traps for unwary contractors and developers (decennial liability, joint ventures, multiparty contracts, damages, rescission and ‘imprévision’).
{"title":"The Confluence of Civil and Common Law (and the Influence of the Sharia) in Middle East Construction Arbitrations","authors":"Tim Taylor QC","doi":"10.54648/bcdr2017015","DOIUrl":"https://doi.org/10.54648/bcdr2017015","url":null,"abstract":"This article explains how civil and commercial laws, based on European codes (but adapted in some respects to be Shari’a-compliant), have been adopted in most of the Gulf Cooperation Council countries outside Saudi Arabia. It also contains a practical comparative law primer on how to understand and reconcile Islamic, civil and common law approaches in construction arbitrations, highlighting six common features of Middle East laws that pose traps for unwary contractors and developers (decennial liability, joint ventures, multiparty contracts, damages, rescission and ‘imprévision’).","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124121596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The differing legal backgrounds of the parties and the tribunal in international arbitrations are often most exposed in their approach to handling documentary evidence.This is particularly the case when it comes to the process of requesting and producing documents where there may be significantly contrasting expectations. Most international arbitration regimes deal with evidence in broad terms, and give the tribunal wide discretion to determine evidentiary matters with no reference to particular laws or traditions. The IBA Rules on the Taking of Evidence in International Arbitration (the ‘IBA Rules’) have become a widely-adopted means of filling the gaps. Nonetheless, document production remains a potentially expensive, time-consuming and often controversial part of international arbitration procedure.This article gives an overview of the IBA Rules and suggests further ways in which tribunals and parties can seek to anticipate difficulties in the document disclosure process before they arise.
{"title":"Disclosure of Documents in Construction and Engineering Arbitrations: Theory, Practice and Strategy","authors":"Richard T. Davies","doi":"10.54648/bcdr2017012","DOIUrl":"https://doi.org/10.54648/bcdr2017012","url":null,"abstract":"The differing legal backgrounds of the parties and the tribunal in international arbitrations are often most exposed in their approach to handling documentary evidence.This is particularly the case when it comes to the process of requesting and producing documents where there may be significantly contrasting expectations. Most international arbitration regimes deal with evidence in broad terms, and give the tribunal wide discretion to determine evidentiary matters with no reference to particular laws or traditions. The IBA Rules on the Taking of Evidence in International Arbitration (the ‘IBA Rules’) have become a widely-adopted means of filling the gaps. Nonetheless, document production remains a potentially expensive, time-consuming and often controversial part of international arbitration procedure.This article gives an overview of the IBA Rules and suggests further ways in which tribunals and parties can seek to anticipate difficulties in the document disclosure process before they arise.","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114863102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The evolution of arbitration practice in the Middle East has led to increased use of experts, particularly in relation to construction arbitration.Their use, in different forms, can be a beneficial addition to the evidence produced before the tribunal. However, expert evidence needs to be managed properly to ensure that it is of utmost benefit to a party’s case and the tribunal’s understanding of the issues in dispute.
{"title":"The Use of Experts in Construction Arbitration in the Middle East","authors":"T. R. Snider, Laura Adams","doi":"10.54648/bcdr2017003","DOIUrl":"https://doi.org/10.54648/bcdr2017003","url":null,"abstract":"The evolution of arbitration practice in the Middle East has led to increased use of experts, particularly in relation to construction arbitration.Their use, in different forms, can be a beneficial addition to the evidence produced before the tribunal. However, expert evidence needs to be managed properly to ensure that it is of utmost benefit to a party’s case and the tribunal’s understanding of the issues in dispute.","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134642942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Construction arbitrations present some unique challenges which, in turn, call for special attention to be given to devising an efficient arbitration process. One issue that arises in this regard is the time-honoured question of whether to adopt an approach based on pleadings (common law) or memorials (civil law). In addressing this question, the starting point should be to consider the applicable arbitration/institutional rules (if any) and, thereafter, the relative merits of each approach. Notwithstanding the respective advantages and disadvantages of pleadings and memorials, it is always advisable for the parties, their legal advisors and the tribunal to have regard to the specific challenges of each case, particularly those presented by construction arbitrations. Regardless of the respective pros and cons of pleadings or memorials, the adoption of one approach over the other cannot guarantee an efficient arbitration on its own.
{"title":"Pleadings or Memorials: Which Are More Appropriate for Construction Arbitrations?","authors":"Mitchell Grose, Kristian Cywicki","doi":"10.54648/bcdr2017004","DOIUrl":"https://doi.org/10.54648/bcdr2017004","url":null,"abstract":"Construction arbitrations present some unique challenges which, in turn, call for special attention to be given to devising an efficient arbitration process. One issue that arises in this regard is the time-honoured question of whether to adopt an approach based on pleadings (common law) or memorials (civil law). In addressing this question, the starting point should be to consider the applicable arbitration/institutional rules (if any) and, thereafter, the relative merits of each approach. Notwithstanding the respective advantages and disadvantages of pleadings and memorials, it is always advisable for the parties, their legal advisors and the tribunal to have regard to the specific challenges of each case, particularly those presented by construction arbitrations. Regardless of the respective pros and cons of pleadings or memorials, the adoption of one approach over the other cannot guarantee an efficient arbitration on its own.","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126912065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Stephen J. Kelsey, Christopher P. Edwards, Philip Punwar
Uptake of the 1999 FIDIC Red Book has been slow in the Middle East/GCC, with users preferring the 1987 Fourth Edition of the Red Book instead.This article highlights some of the ways in which users in the region personalize the Red Book. It also identifies those provisions of the Red Book that may conflict with mandatory rules of law set out in the region’s civil codes. These include provisions concerning instructions, variations, omissions and the notification of claims.The authors also discuss the role of the engineer under the 1987 Fourth Edition of the Red Book and the Dispute Adjudication Board procedure in the 1999 Red Book. They comment on the uptake of both within the region, suggest steps that might be taken to overcome their perceived shortcomings, and indicate where developments can be expected.
{"title":"Variations and the Resolution of Disputes under the FIDIC Red Books","authors":"Stephen J. Kelsey, Christopher P. Edwards, Philip Punwar","doi":"10.54648/bcdr2017014","DOIUrl":"https://doi.org/10.54648/bcdr2017014","url":null,"abstract":"Uptake of the 1999 FIDIC Red Book has been slow in the Middle East/GCC, with users preferring the 1987 Fourth Edition of the Red Book instead.This article highlights some of the ways in which users in the region personalize the Red Book. It also identifies those provisions of the Red Book that may conflict with mandatory rules of law set out in the region’s civil codes. These include provisions concerning instructions, variations, omissions and the notification of claims.The authors also discuss the role of the engineer under the 1987 Fourth Edition of the Red Book and the Dispute Adjudication Board procedure in the 1999 Red Book. They comment on the uptake of both within the region, suggest steps that might be taken to overcome their perceived shortcomings, and indicate where developments can be expected.","PeriodicalId":166341,"journal":{"name":"BCDR International Arbitration Review","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121527156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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