Diales’ Post

Specialist construction courts can teach us how to keep construction arbitrations efficient. They face many of the same challenges as international construction arbitration and can respond more firmly to them. The Hong Kong courts use several tailored approaches to deal with construction disputes: (1) Appointment of a single joint expert unless there are compelling reasons for party-appointed experts; (2) Early identification of expert disciplines and issues so that evidence is aligned to the issues in the case; (3) Standard timelines for submissions in interlocutory applications and a deadline to make interlocutory applications; (4) Early fixing of the pre-trial review and the hearing date and strong resistance to shifting the hearing date once it is fixed. All of these steps require the parties to consider clearly, and at an early stage, what is at stake in the proceedings. What can international arbitration do to avoid being complacent about its best practices? ____ If you want more of these insights sign up for my newsletter: https://lnkd.in/g_mQDNGB ____

🏗️ Construction Arbitration 📅 May 7th - 4pm GMT 🔗 https://lnkd.in/dMhmmKaw 👥 Eliana Baraldi (🔴 Eliana Baraldi Advogados), Raquel Macedo Moreira, Victor Madeira Filho, FCIArb and Rupert Choat KC Construction arbitration is in the heart of the development of arbitration in the Middle East. In recent decades, the region has seen substantial investments in infrastructure and civil construction projects, both local and foreign, which have propelled the use of arbitration as a dispute resolution method. Making it more interesting, these disputes are frequently handled by practitioners of common law background, in a region where most of the jurisdictions are civil law. Curious to find out about the differences in the practice of construction arbitration between the Middle East and Brazil? Attend this webinar on May 7, 2024. Instituto Brasileiro de Direito da Construção - IBDiC

What an incredible time in Montreal last week at the 3rd Annual Society of Construction Law North America (SCLNA) conference! Jesus Schuldes, PSP, CEP and Suzie Gragg represented Peritia, joining a diverse group of industry leaders. The conference was a melting pot of knowledge, featuring insightful sessions led by experts from Canada, the United States, and around the globe. These speakers shared their invaluable experiences and highlighted critical topics facing the construction industry today including feasibility and pre-contract services, contract development, risk management, design, construction, and dispute resolution. A big thanks to the organizers for creating this unique platform for construction law professionals to connect and grow. Already looking forward to next year! #ConstructionLaw #SCLNorthAmerica #SCLNA2024 #ConstructionIndustry

Damian James discusses how the low-value adjudication process in South Africa can help resolve construction disputes. Find out more:

EVENT COMING UP SOON. 🎟️ TICKETS STILL AVAILABLE. - CONSTRUCTION & CARIBBEAN. The BVI IAC and The Caribbean Council invite you to an exclusive Construction Roundtable focused on "Navigating Dispute Resolution Challenges in the Caribbean Market." This event will take place on Tuesday, 11th June 2024, from 9:00 AM to 11:00 AM in Central London. Why Attend? - Discuss common dispute-resolution issues in the #construction industry. - Explore the legal and regulatory framework. - Gain practical insights and strategies for effective dispute resolution. - Network with peers facing similar challenges. Agenda 9:00 AM - Discussion 1: Current State of Construction Disputes In the dynamic world of construction, disputes are an inevitable challenge that can significantly impact projects and stakeholders. In this session, we discuss the challenges associated with delivering construction projects in the Caribbean and ways in which they can be addressed by stakeholders. Points: - Barriers to successful construction project delivery in the Caribbean - Use of standard forms in the Caribbean and its impact on project delivery - Current trends in the Caribbean construction industry 9:30 AM - Coffee Break 9:50 AM - Discussion 2: Legal and Regulatory Framework In this session, we delve into the current legal landscape within the Caribbean, examining the challenges of resolving disputes under an outdated framework. We will also explore potential reforms to create a more effective and contemporary legal and regulatory environment. Points: - A case of adjudication legislation in the Caribbean - Finality of Caribbean arbitration award - Modernising arbitration legislation in the Caribbean 10:20 AM - Networking and Open Discussion Please RSVP to the Caribbean Council by 4 JUNE 2024 to secure your spot! Space is limited, with member and non-member tickets available. We hope to see you there! For tickets or info, contact: Maria Tereza Laino mariatereza.laino@caribbean-council.org +44 (0) 2075838739 Discover more at The Caribbean Council https://lnkd.in/dadS2BrA #engineering #infastructure #caribbeandevelopment #caribbean #londonevent #constructionsector

Latin America has lived in recent years an incredible shift regarding the use of international construction contracts. The use of FIDIC - International Federation of Consulting Engineers standard forms thanks to the Banco Interamericano de Desarrollo and the Banco Centroamericano de Integración Económica - BCIE projects and other efforts throughout the region , as well as the use of NEC contracts in Peru for their strategic projects, have opened the door for new opportunities and challenges never seen before. This new phase has not been easy and there are everyday matters to be solved in order LATAM to have more successful infrastructure projects. Other matters regarding current political and social issues are presenting additional but not minor matters to face. This is what I shared yesterday at my presentation during the Construction Law summer school 2023 organized by Informa Connect at the Downing College Cambridge.

🏗️ NOT TO BE MISSED LONDON EVENT - CONSTRUCTION & CARIBBEAN The BVI IAC and The Caribbean Council invite you to an exclusive Construction Roundtable focused on "Navigating Dispute Resolution Challenges in the Caribbean Market." This event will take place on Tuesday, 11th June 2024, from 9:00 AM to 11:00 AM in Central London.    Why Attend? - Discuss common dispute-resolution issues in the construction industry. - Explore the legal and regulatory framework. - Gain practical insights and strategies for effective dispute resolution. - Network with peers facing similar challenges.   Agenda 9:00 AM - Discussion 1: Current State of Construction Disputes  In the dynamic world of construction, disputes are an inevitable challenge that can significantly impact projects and stakeholders. In this session, we discuss the challenges associated with delivering construction projects in the Caribbean and ways in which they can be addressed by stakeholders.   Points: - Barriers to successful construction project delivery in the Caribbean - Use of standard forms in the Caribbean and its impact on project delivery - Current trends in the Caribbean construction industry   9:30 AM - Coffee Break   9:50 AM - Discussion 2: Legal and Regulatory Framework  In this session, we delve into the current legal landscape within the Caribbean, examining the challenges of resolving disputes under an outdated framework. We will also explore potential reforms to create a more effective and contemporary legal and regulatory environment.   Points: - A case of adjudication legislation in the Caribbean - Finality of Caribbean arbitration award - Modernising arbitration legislation in the Caribbean   10:20 AM - Networking and Open Discussion Please RSVP to the Caribbean Council by 31st May 2024 to secure your spot! Space is limited, with member and non-member tickets available.    We hope to see you there! For tickets or info, contact: Maria Tereza Laino mariatereza.laino@caribbean-council.org +44 (0) 2075838739 Discover more at The Caribbean Council https://lnkd.in/dadS2BrA Shan Greer Shantel Gray, MCIArb #infastructure  #engineering  #constructionsector  #constructionindustry  #caribbeanbusinesses  #caribbean

In our latest issue of International Quarterly, we discuss updates and reforms across the global legal landscape. This edition includes: • A Tale of Two Countries: reflections on cladding and fire safety issues in the United Kingdom and “leaky building” issues in New Zealand Marina Samountry compares the ongoing fire safety and cladding issues in the UK and the “leaky building” issues in New Zealand, looking closely at the consequences of these issues and lessons learned. • Full disclosure – what do we really need to know? Rebecca Ardagh reviews the question of full disclosure in arbitration, as well as the pending reforms and decisions which signal a big year ahead for the disclosure obligation. • Apparent bias and applications to remove arbitrators Jeremy Glover takes a closer look at apparent bias and applications to remove arbitrators. • The Procedural Issues of the Vis Moot: addition of a new claim and consolidation under the ICC Rules Giuseppe Franco summarises the facts and procedural issues explored in this year’s Vis Moot, hosted in Vienna. Click here to download your copy: https://lnkd.in/dMfhucfm Or read online at: https://lnkd.in/dCkATqZ   #arbitration #buildingsafety #disputeresolution #construction #constructionlaw #internationalarbitration 

We are pleased to announce the publication of the 2023 edition of our internationally focused, Annual Review of English Construction Law Developments.   This year’s edition contains a strong focus on the FIDIC form, with new amendments, a new Guide and a new Second Edition having all been released last year. Delay claims also feature heavily with articles on concurrent delay, the implications of differently worded extension of time clauses and whether unenforceable liquidated damages clauses operate as a cap on general damages for delay.   Click on the link below to download this comprehensive look at the previous year's developments and their implications for international construction projects.   https://bit.ly/3PyIbbm   #internationalprojects #FIDIC #constructionlaw #constructiondisputes #constructionclaims #constructioncontracts #internationalinvestment  

We are pleased to announce the publication of the 2023 edition of our internationally focused, Annual Review of English Construction Law Developments.   This year’s edition contains a strong focus on the FIDIC form, with new amendments, a new Guide and a new Second Edition having all been released last year. Delay claims also feature heavily with articles on concurrent delay, the implications of differently worded extension of time clauses and whether unenforceable liquidated damages clauses operate as a cap on general damages for delay.   Click on the link below to download this comprehensive look at the previous year's developments and their implications for international construction projects.   https://bit.ly/3PyIbbm   #internationalprojects #FIDIC #constructionlaw #constructiondisputes #constructionclaims #constructioncontracts #internationalinvestment