Introduction

This chapter focuses on key themes in the resolution of construction disputes from a transnational rather than purely domestic perspective. Arbitration offers neutrality, flexibility, the possibility to select arbitrators experienced in the field, and widespread enforceability of the award under the New York Convention on the recognition and enforcement of foreign arbitral awards of 1958. A foreign contractor would prefer, if at all possible, not to subject itself to the jurisdiction of the courts of the host state. The arbitral procedure can be tailored to suit the particular dispute at hand more easily than the civil procedure rules in most jurisdictions. Furthermore, parties have much more control over the procedure than they would in litigation. Arbitrators can be chosen for their knowledge and experience in construction and in the specific type of dispute and sector at hand. The chapter also presents an overview of the key concepts discussed in this book.