Multiple Contracts And Coordination In International Construction Projects
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Multiple Contracts and Coordination in International Construction Projects
Author: Jürg Künzle
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2020-07-16
International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
Good Faith in International Commercial Arbitration
Author: Sabrina Pearson-Wenger
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2024-07-15
From the perspective of users of international commercial arbitration, the uncertainties surrounding the application of good faith by an arbitral tribunal create an unwelcome unpredictability. Acknowledging this prevalent situation, this book is the first to study in depth the available international arbitral awards that have applied good faith, thus providing detailed guidance on how this notion is (and can be) applied by tribunals in international commercial arbitration. Moreover, the author proposes a set of deeply informed guidelines for the future application of good faith by arbitral tribunals to both the parties’ contract and the arbitration agreement. This book provides a comprehensive description of the role and scope of good faith under governing laws in key jurisdictions (England, New York, Switzerland, France, Germany, China, Singapore, Hong Kong, Australia, and Canada) as well as under the CISG, the UNIDROIT Principles, and other uniform law and soft law instruments. The book greatly clarifies the source and role of good faith with respect to the following issues surrounding the arbitration agreement: formal validity of the arbitration agreement; incorporation of the arbitration agreement by reference; interpretation of the arbitration agreement; capacity and power of the parties to arbitrate; extension of an arbitration agreement to a non-signatory party; pre-arbitration requirements to negotiate or mediate; and performance of the arbitration agreement. Proposed guidelines for the application of good faith to each of these issues are included, along with useful figures summarizing the content of the obligations to negotiate or mediate in good faith prior to resorting to arbitration as well as the obligation to arbitrate in good faith. By analysing the role and scope of good faith under different national and non-national laws, this book will prove of inestimable value not only by providing invaluable insight into the recourse to good faith by arbitral tribunals but also by providing guidance on how good faith should be applied to the parties’ contract in international commercial arbitration. Arbitrators, as well as users of arbitration, will welcome the clarity on how good faith is applied to the various issues surrounding the arbitration agreement and, in particular, to the pre-arbitration requirements to negotiate or mediate as well as the performance of the arbitration agreement.
Investment Arbitration and International Climate Change Law
Author: Thomas Lehmann
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2025-04-23
Climate change policies are triggering an increasing number of investment disputes, even as politi-cal concern grows that international investment treaties may impede climate change action. This in-dispensable book presents the first in-depth analysis of the nexus of international climate change law (ICCL) with investors’ legitimate expectations, offering practical ways to integrate ICCL in the resolution of energy investment disputes. Drawing on forty-two publicly available arbitral awards and on state-of-the-art doctrinal research, the author provides compelling new insights on the following: energy sector’s predominance in investment disputes; doctrinal debates on fair and equitable treatment; scope of energy investors’ legitimate expectations and ways to bridge divergent views; legal compatibility of ICCL with international investment law; impact of ICCL on energy investors’ legitimate expectations; Energy Charter Treaty reform and whether it supports net zero objectives; and investment arbitration as an instrument to enforce climate change commitments. An invaluable annex presents details of a range of energy disputes and awards, in-cluding decisions on legitimate expectations, investor due diligence, and climate change. This timely work provides key insights for arbitration practitioners and policymakers on the interplay between investment protection and climate change. The ordered structure of its presentation will be of immeasurable value to en-ergy investors and their counsel, government officials, arbitrators, and scholars.