Arbitration as a Means of Resolving Construction Disputes: Still Fit for Purpose?

Nicholas Fletcher

September 2012

A paper presented to the Centre of Construction Law 25th Anniversary Conference held at King's College London on 29th June 2012

Nicholas Fletcher considers whether arbitration is still fit for purpose as a means of resolving disputes under construction contracts. It looks at the benefits - neutrality, confidentiality and enforceability, flexibility and adaptability - before moving on to the two problems: delay and cost. He looks in particular at the problems of delays in getting to a hearing and in the publication of awards, and of excessive costs before in both cases considering a variety of possible solutions.

Introduction - Benefits of arbitration - A 'golden age' of arbitration - Delay - Delays in getting to a hearing - Delays in the publication of awards - Possible solutions - Costs - The issue - The way forward - Conclusion.

The author: Nicholas Fletcher is a partner and head of international arbitration at Berwin Leighton Paisner LLP in London.

Text 9 pages.