Mayer Brown

What is arbitration and how does it differ from other dispute resolution procedures? This Practice Note looks at the general principles behind the arbitration process, including those set out in the Arbitration Act 1996 (AA 1996) and compares it to litigation and adjudication. It also considers the use of arbitration for disputes in the construction industry.

This Practice Note covers the Construction Industry Model Arbitration Rules (CIMAR) giving an overview of the rules and their uses, how the courts have interpreted them and how they work in practice.

This Practice Note provides an introduction for construction practitioners to the disclosure process (sometimes referred to as ‘discovery’) in the context of an arbitration, comparing it with disclosure in litigation and looking at the various procedural rules such as the IBA Rules, the Prague Rules, the CIArb Arbitration Rules and the CIArb Protocol for E-disclosure in Arbitration. The note also sets out some practical considerations regarding disclosure, in particular to assist parties in identifying potential problems before undertaking disclosure and to formulate specific disclosure requests.

This Practice Note looks at the design obligations in the FIDIC contracts (pre-2017 editions) and considers fitness of purpose and responsibility for the employer’s requirements.

This Practice Note looks at the performance requirements and testing provisions under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010, including the testing during execution of the works and tests after completion.

This Practice Note explains how the contract price is calculated in the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010, and how it may be adjusted.

This Practice Note explains the contractor’s obligations in relation to commencement, progress and completion under each of the FIDIC forms. The note examines how each of the forms deals with these subjects, together with the procedure which is implemented at completion and the provisions relating to extensions of time and acceleration.

This Practice Note looks at variations under the pre-2017 editions of the FIDIC forms of contract including what constitutes a variation (eg a change to the employer’s requirements or other change to the works under clause 13), the process for instructing a variation, the effect of a variation and the contractor’s potential entitlement to additional payments or extensions of time. The forms considered are the Red, Yellow and Silver Books 1999 as well as the Pink and Gold Books.

This Practice Note introduces the FIDIC organisation and the suite of contracts it produces for international construction projects. It explains the types of project each FIDIC contract is intended to be used for and highlights the differences between the various FIDIC contracts.

This Practice Note considers the differences between arbitration conducted under self-administered ad hoc procedures/rules and under institutional procedures/rules, particularly in the construction industry, and the advantages and disadvantages of each.

This Practice Notes discusses arbitration agreements used in construction contracts. It sets out the key provisions of the arbitration clause including seat. It discusses the governing law of the contract and the governing rules of the arbitration, institutional or ad-hoc. It also covers other considerations such as the scope of the dispute, provisions for joinder, language, number of arbitrators, disclosure, confidentiality, the award and the importance of the New York Convention.

Produced in partnership with Nathalie Jalabert-Doury, partner, and Jean-Maxime Blutel, partner, in the Paris office of global law firm Mayer Brown, on key issues regarding merger control in New Caledonia.

This Practice Note looks at how multiple causes of action can be consolidated and dealt with by means of a single arbitration, focusing on construction disputes.

This Practice Note considers the advantages and disadvantages of selecting arbitration as an alternative means of dispute resolution to litigation, looking at whether arbitration is a more effective and efficient method for resolving a dispute than litigation in construction disputes. In particular, it looks at the myths surrounding arbitration and examines the real benefits it provides in practice. The factors to consider include time and cost, multi-party disputes, neutrality, confidentiality, party autonomy and flexibility, and enforcement of any successful award.