Last week, the Queen Mary University International Arbitration Survey - Driving Efficiency in International Construction Disputes was released.
Musings of a busy mind
Last week, the newly formed Infrastructure Commission released its infrastructure pipeline, identifying $21 billion of projected, public sector construction work. The Commission has also established an Infrastructure Transactions Unit to provide advice on procurement strategies for major projects.
Our construction industry is currently very fragile; I hope the ITU will be able to look after it better than has been the case to date.
It is always an uncomfortable moment when you realise that counsel has either failed to raise a dispositive issue, or has argued it incredibly badly. What to do? The UK High Court has recently considered the issue
The point of difference between arbitration and litigation in court is party autonomy - the ability to select your arbitrator, to determine your process and to maintain confidentiality. This is particularly useful in industries like the construction industry and in highly technical commercial activities like information and communications technology and the marine industry.
Yet, the finality of arbitration carries with it considerable issues of caution.