Nobody involved in construction and engineering arbitrations on major projects needs reminding how complex and challenging they can be. It’s for this reason that the ICC commissioned a report on the Recommended Tools and Techniques for the Effective Management of Arbitrations back in 2001 which has just been updated to reflect current best practice and the revised ICC Rules of Arbitration.
Together with fellow partner Erin Miller Rankin, I was part of the Working Group to amend and update the report. The attached briefing (see below) highlights the key changes since 2001.
There is, of course, no single ‘right’ way to conduct a construction arbitration. Every case is different, and approaches vary across different jurisdictions. The report does identifies practical procedural issues that parties (and arbitrators) should have in mind at the various stages of the arbitration together with key messages, including:
- Taking time and effort to select the right arbitrator(s) is a worthwhile investment. The report identifies some useful factors to take into account when selecting your arbitrator(s), not least, the need for arbitrators to be “fluent” with regards to the use of technology, and the increasing importance of diversity.
- All procedures and steps taken should be expeditious and cost-effective. The report contains multiple reminders of the need to be mindful at all times of costs.
- Do not underestimate the importance of the first case management conference. Ensuring matters are addressed at an early stage, and addressed in the right way, gets the arbitration off on the right footing, and maximises your prospects of success.
The full report can be found in Issue 4 (2018) of the ICC digital Dispute Resolution Bulletin and also at: www.iccwbo.org/commission-arbitration-ADR.
If you would like to hear more please contact me.