Trends in International Construction Arbitration
Instructors:
Jim Zack,
Joseph Vergara
Product ID: 704520
- Duration: 90 Min
Why Should You Attend:
International construction arbitration is a transnational dispute typically involving disputes between parties from different nations often performing work in yet another nation. A UK contractor constructing a ore processing facility in a sub-Saharan African nation on behalf of a Canadian minerals company, files a claim for UK£1.45 million and seeks arbitration when the project owner refuses to settle is a an example of an international construction arbitration
As the world’s economy has become more globalized, more corporations are working internationally. Over the past two to three decades disputes on construction projects have become larger, more complicated and more common.
Research indicates that arbitration is the preferred dispute resolution mechanism for international corporations rather than transnational litigation with respect to construction disputes. As the number of arbitration case filings has increased so has the number of arbitral institutions (which now number at least 28) and the seats of arbitration. Perhaps in reaction to growing criticism of the process, there has been and continues to be other changes concerning international construction arbitration.
This webinar will discuss the current and upcoming trends in international construction arbitration along with the key challenges, opportunities, laws and compliance requirements.
Learning Objective:
- Become aware of new trends in international construction arbitration
- Understand how these trends may impact your arbitration matters
- Learn about issues concerning choice of law; seat of arbitration; choice of arbitral institution; the time and cost of international construction arbitration; and issues surrounding the selection of international arbitrators.
Areas Covered in the Webinar:
Among the topics covered in this 90-minute webinar are current trends concerning international construction arbitration including:
- Corporate dispute resolution policies favoring arbitration
- Virtually all arbitral institutions report a growth in case filings year after year
- In-house legal counsel do not use retained legal counsel but seek specialized counsel
- In-house legal counsel are remarkably consistent on top influences for selecting arbitrators
- In-house counsel are also consistent on their choice of governing law
- Despite 28 arbitral institutions globally, 3 dominate the field
- There are two favored seats of arbitration but some regional centers are gaining in popularity
- International arbitration is no longer faster or cheaper than litigation
- A high percentage of disputes are settled prior to issuance of an arbitral award
- Very few participants have to appeal an award for judicial enforcement
- A majority of international corporations would grade and report on arbitrator performance
- Confidentiality of arbitration remains one of the strongest selling points for arbitration
Who Will Benefit:
- Owners performing projects in the international arena.
- Legal counsel advising clients concerning international arbitration.
- Design Professionals and Construction Managers working on international projects.
- Contractors and subcontractors performing international projects.
Jim Zack
Executive Director, Navigant Consulting Inc
With 45 years’ experience Jim Zack is the Senior Advisor to, Founder and former Executive Director of the Navigant Construction Forum™ – the construction industry’s global resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Formerly, Executive Director, Corporate Claims Management for Fluor Corporation, a $24 billion/year EPC with offices and projects worldwide. Prior to this, Vice President of PinnacleOne and Executive Director, PinnacleOne Institute and a Senior Construction Claims Consultant with CH2M HILL, Inc.
With 45 years’ experience working on construction projects he is a recognized expert in mitigation, analysis and resolution or defense of construction claims. Mr. Zack has made construction claims presentations and been involved with claims throughout the United States and in 28 countries abroad. He has been involved in more than 5,000 claims and has been designated as an expert witness in mediation, arbitration and litigation.
Mr. Zack is a Fellow of AACE International, the Royal Institution of Chartered Surveyors (RICS) and the International Guild of Project Controls. Mr. Zack is a Certified Forensic Claims Consultant, a Certified Construction Manager and a Project Management Professional. Mr. Zack is a nationally known author, speaker and trainer concerning the management, mitigation and resolution of construction claims on public works projects.
Joseph A Vergara
Managing Consultant, Navigant Consulting Inc
Mr. Vergara is a Managing Consultant in the Coral Gables, FL office of Navigant Consulting. Joseph is both a licensed attorney and a professional engineer. After graduating from the University of Puerto Rico, Mayaguez Campus with a Bachelor in Science in Civil Engineering, he went on to work for 8 years as a Project Manager for Rio Construction Corporation and Constructora Santiago II, Corporation, two major heavy civil contractors in Puerto Rico, where he gained valuable hands on construction experience in projects such as roads and bridges, airports, dams and marine structures. He has worked in pricing, estimating, and preparing bid proposals for both public and private construction projects as well as in scheduling civil and commercial projects from start-up to conclusion. While working in construction, Joseph completed a Masters in Engineering Management with a concentration in construction management, followed by a Juris Doctor from the University of Puerto Rico.
After becoming a licensed attorney, Joseph worked for 2 years as an associate attorney for the Environmental, Energy and Land Use Practice Group of O'Neill & Borges, LLC, one of the oldest and most prestigious law firms in Puerto Rico, recognized as the top #1 law firm in Puerto Rico by Chambers & Partners (2014). While working as an attorney, Joseph represented clients before local and federal agencies with jurisdiction over environmental, energy and land use matters. He also assisted clients in several stages of project start ups including due diligence reviews, environmental impact reviews and site consultations. Given his construction background, Joseph also assisted clients in matters sounding in construction law, including contractor disputes and reviewing and drafting construction contracts. From 2012 to 2015, Joseph served as a Judge for the Disciplinary Board of Engineers and Land Surveyors of Puerto Rico.
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