ABSTRACT
It is in the nature of human life that from time to time there are disagreements. Sometimes such disputes can be sorted out by agreement; or be ruled upon by an agreed decision-maker. Litigation is the process of dispute resolution before a court. In many spheres of activity, litigation is almost the invariable mode of dispute resolution. But in the construction world today, it is not the only, nor even the most common, process. Many construction contracts, especially international ones, contain an arbitration clause, by which the parties agree to be bound by the decision of a private dispute resolution mechanism: for many years, arbitration was the most common mode of determining domestic construction disputes. All citizens have the right to conduct their own cases in court, but construction disputes are normally matters of such complexity that litigants in person are almost always at a real disadvantage to parties who are legally represented.
