Unlocking Construction Disputes: Why ADR & Arbitration Are Your Path to Efficient Resolutions

Introduction

Construction disputes are generally different in character to general commercial disputes. They often relate to projects that have been carried out over a long period of time, where the underlying projects are often technically complex, high value, and multidisciplinary. With this complexity comes an inevitable risk of disputes - yet these disputes do not need to delay delivery, escalate costs, or damage commercial relationships.

Alternative Dispute Resolution (ADR) offers a spectrum of flexible, efficient, mechanisms, ranging from negotiation and mediation to expert determination, adjudication and arbitration, providing faster, more cost-effective solutions to traditional litigation.

For the construction industry in particular, ADR plays a critical role. Whether under FIDIC, NEC, EPC or PPP contract structures, or in disputes involving state parties, ADR ensures neutrality, enforceability, and a party-driven process. The rise of international contracting, cross border supply chains, and disputes involving state entities further underscores the importance of neutral, enforceable, and party led processes.

Led by an experienced partner specialising in international construction disputes, this live and interactive session will demystify the ADR landscape and equip participants with practical insights on negotiation, the strategic use of experts, and adopting practical strategies for effective arbitration.

What You Will Learn

This live and interactive course will provide construction and legal professionals with a clear, practical understanding of dispute avoidance and dispute resolution tools used across major projects. The session will cover the following:

• Introduction to ADR for construction professionals
• Meaning and benefits of ADR
• Practical guidance on selecting the appropriate method of ADR
• The role of early dispute avoidance and tiered dispute resolution clauses (FIDIC, NEC, EPC)
• Negotiation, mediation, conciliation and facilitation
• Expert determination: when and how to use technical, delay, and quantum experts
• Dispute boards (DABs/DAABs) under standard form contracts
• Key characteristics of International Arbitration and how it differs from litigation
• International Construction Arbitration
• Why is IA used on construction disputes?
• ADR and state parties
• Trends and future direction

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.