Partner at Pinsent Masons | Helping the construction industry solve disputes the right way
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 ____
