International Construction Law Review
Resolving Infrastructure Disputes: The Interplay between International Commercial Courts and International Arbitration
Professor Doug Jones AO*
International Arbitrator and International Judge
Professor Janet Walker CM**
Distinguished Research Professor, Osgoode Hall Law School
The emergence of international commercial courts has increased the resources available for resolving international infrastructure disputes and is driving innovation across the landscape of dispute resolution. In this paper, we consider: the special features of infrastructure disputes; the attractions of international arbitration; the challenges international arbitration faces; what international commercial courts can offer; and how the emerging dispute resolution processes can meet the needs of Belt and Road Initiative (BRI) disputes.
I. SPECIAL FEATURES OF INFRASTRUCTURE DISPUTES
The special features of infrastructure disputes are well documented. The 2019 Queen Mary University of London Arbitration Survey focused on “International Construction Disputes” and highlighted three factors that distinguish international construction arbitration from other kinds of arbitration. These are factual/technical complexity (chosen by 73 per cent of respondents), the large amounts of evidence involved (chosen by 66 per cent
* International Arbitrator, Atkin Chambers, and International Judge, Singapore International Commercial Court.
** Distinguished Research Professor, Osgoode Hall Law School; International Arbitrator, Atkin Chambers; International Construction Law Association Board. The authors gratefully acknowledge the assistance in the preparation of this paper of Brendan Ofner, Legal Assistant, Sydney Arbitration Chambers.
Pt 1] Resolving Infrastructure Disputes
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