Transnational Construction Arbitration

Page 25


Multi-tier dispute resolution clauses in construction contracts

Multi-tier dispute resolution clauses in construction contracts

Sir Vivian Ramsey


3.1 Disputes arising from construction contracts have been a fertile ground for developing novel methods of dispute resolution. This has led to the adoption of clauses that include multiple dispute resolution methods in an attempt to seek to resolve disputes more quickly and efficiently than using the usual methods of arbitration or litigation. It also allows the parties to see whether they can reach a consensual solution before arbitration or litigation. The wholly commendable aim can however create difficulties that render the multi-tier clauses a burden for a claimant and an opportunity to delay resolution of the dispute by a defending party.

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