Construction contracts do more than set out scope, price, and timelines – they also determine how risks are allocated between the parties.[1] Risk allocation is often described as the “soul” of a construction contract because it defines who bears responsibility when projects face design errors, cost overruns, delays, or unforeseen site conditions.[2] The Fédération Internationale […]
Construction Arbitration
Errors in the Employer’s Requirements under FIDIC Contracts: Legal Implications and Lessons Learned
Errors in the Employer’s Requirements (“ER”) are a recurring source of disputes in international construction projects governed by International Federation of Consulting Engineers (“FIDIC”) contracts. These requirements define the project’s technical and functional criteria, and errors can have significant legal and financial consequences for both employers and contractors. This note examines how such errors are […]
Managing Construction Disputes: Understanding the Causes
Construction projects are inherently complex endeavours that involve multiple participants, demand coordination, and carry inherent risks.[1] They bring together a wide range of stakeholders, technical experts, and layers of documentation that can run to hundreds or even thousands of pages. Every project operates under tight deadlines and budget pressures, where even minor delays or disruptions […]
AI Construction Arbitrator: Revolutionising the Future of International Arbitration?
Artificial intelligence (AI) is rapidly transforming industries worldwide – and now, it is reshaping the field of international arbitration. The American Arbitration Association (“AAA”) and its international division, the International Centre for Dispute Resolution (“ICDR”), are pioneering this revolution with the launch of an AI-powered arbitrator dedicated to construction disputes. Beginning in November 2025, this […]
Analysing the Site Visit Model Protocol for International Arbitration
It has been one year since the Arbitration Committee of the International Bar Association (the “IBA”)[1] issued the Site Visit Model Protocol for International Arbitration (the “Site Visit Protocol”).[2] The Site Visit Protocol includes 13 articles and accompanying drafting notes for each of them, designed to facilitate the conduct of site visits in international arbitrations. […]
Termination of Construction Contracts
The termination of a construction contract is one of the most powerful remedies an employer has against a contractor, especially when the contractor is in default.[1] There are numerous different situations in which the employer or, less frequently, the contractor, might have to resort to contract termination. Most commonly, a party resorts to termination due […]
Variation Claims in International Arbitration
Variation claims in international arbitrations involving construction are common. Over the course of a construction project, it is not rare for a project to undergo changes. This might arise because the employer needs to change the original scope of work that can no longer be carried out after starting the project, or the contractor discovers […]
Global Claims in Construction Arbitration
Global claims, also known as “total cost claims” or “composite claims”, commonly arise in construction disputes and international arbitrations, especially in cases where projects have been delayed. Global claims are claims advanced by contractors without attempting to substantiate cause and the effect. In the words of the leading commentators on construction contracts (Keating on Construction […]
Disruption Claims in International Arbitration
Disruption claims are a common feature of most international construction arbitrations, as everyone involved in construction disputes and international arbitration knows. They are also one of the most difficult claims to succeed upon, as they are often mixed or appear in parallel with prolongation claims, also known as delay claims. Even though routinely made by […]
