1 Some notes on this paper: (a) the co-authors would like to extend their gratitude to Stefan Pislevik, Associate, Freshfields for his great assistance with this paper; (b) given the multiple co-authors involved, the views expressed in this paper are not necessarily held by each co-author; (c) Professor Doug Jones AO contributed Section VIII of this paper only and for the reasons indicated in that section has not authored, nor expressed any views on, the other sections of this paper; and (d) the original version of this paper was produced for the 10th Society of Construction Law International Conference in Istanbul in 2023.

2 Robert D’Onofrio is President of Capital Project Management Inc in New York, NY. He is the co-author of Construction Schedule Delays, a comprehensive 1,200-page book on schedule delay and disruption, published by Thomson Reuters. Rob has evaluated over US$6 billion in claims, and testified as an expert in court, domestic arbitration, and international arbitration. He chairs the industry standard committee on Schedule Delay Analysis, ANSI/ASCE/CI 67-17.

3 Professor Doug Jones AO (www.dougjones.info) is a leading independent international commercial and investor-state arbitrator with over 40 years’ experience with chambers in Sydney and Toronto and a door tenant at Atkin Chambers in London. He is also an International Judge of the Singapore International Commercial Court and has been involved in over 170 arbitrations spanning over 30 jurisdictions around the world. Professor Jones was named Construction Lawyer of the Year by Who’s Who Legal and shortlisted for Arbitrator of the Year by The Legal 500 UK Bar.

4 Dr Hamish Lal is ranked Band 1 in Construction and Band 1 in International Construction Arbitration in Chambers & Partners UK, and in the Top-Tier in The Legal 500 UK. Hamish is a Solicitor-Advocate (All Higher Courts) and admitted to Part II of the Dubai International Bar Admissions. He is an Adjunct Professor at the University College Dublin (UCD) Sutherland School of Law, a Fulbright Scholar and Chairman of The Society of Construction Law – UK.

5 Kim Rosenberg is a Partner at Freshfields in Dubai. She is ranked in Chambers Global UAE for Construction: Dispute Resolution and was included in the inaugural Legal 500 Arbitration Powerlist Middle East 2023. She was chair of the committee that drafted the 2nd Edition of the Society of Construction Law’s Delay and Disruption Protocol and is co-editor of Dealing with Delay and Disruption on Construction Projects published by Sweet and Maxwell.

6 Ascon Contracting Ltd v Alfred McAlpine Construction Isle of Man Ltd (QBD (TCC)) [1999] All ER (D) 1147; 66 Con LR 119; (2000) 16 Const LJ 316 at paragraph 50.