The Case Management Conference and the Procedural Timetable Nobody would climb Everest without carefully planning the route, resources and timing. A construction arbitration demands the same preparation. And the case management conference is the moment to do it. Every arbitration begins with the organisation of proceedings. However, in construction arbitration this initial phase has particular importance, precisely because of the complexity we have been describing throughout

In construction arbitration, procedural strategy can be just as important as the legal or technical merits of the case . In Article 13 of this series on the complexity of construction arbitration , I discuss two key case-management tools. 7.- Bifurcation This is the power of the arbitral tribunal to divide the proceedings so that certain issues can be decided separately. Generally, the tribunal may decide on a bifurcation when issues of jurisdiction, admissibility, applicable

Major construction projects rarely generate “simple” disputes. Employers, contractors, subcontractors, suppliers and insurers operate within complex contractual webs. In this new article of the construction arbitration series, I focus on three critical procedural issues as a continuation of the previous articles on how the complexity of construction impacts the arbitration procedure: Joinder of additional parties Consolidation of arbitrations Interim measures and emergency ar

Construction disputes are known for their technical, contractual and evidentiary complexity . Arbitration is often the preferred dispute resolution mechanism — but only if the right decisions are made from the outset. In this new article of the series on construction arbitration , I explore the key aspects that shape the efficiency and outcome of the proceedings. The processing of an arbitration proceeding in a construction dispute follows the usual and general procedures of

Although the purpose of these articles is to explain the reasons why construction arbitration is complex, it is necessary to make a brief reference to other means of dispute resolution  in this industry that are frequently used and often form part of escalation clauses for dispute resolution to avoid arbitration. Through these escalation clauses, the parties agree to go through a series of pre-arbitration proceedings in order to try to resolve the dispute beforehand. These ty