Artificial intelligence (AI) is rapidly transforming industries worldwide – and now, it is reshaping the field of international arbitration. The American Arbitration Association (“AAA”) and its international division, the International Centre for Dispute Resolution (“ICDR”), are pioneering this revolution with the launch of an AI-powered arbitrator dedicated to construction disputes. Beginning in November 2025, this […]
Analysing the Site Visit Model Protocol for International Arbitration
It has been one year since the Arbitration Committee of the International Bar Association (the “IBA”)[1] issued the Site Visit Model Protocol for International Arbitration (the “Site Visit Protocol”).[2] The Site Visit Protocol includes 13 articles and accompanying drafting notes for each of them, designed to facilitate the conduct of site visits in international arbitrations. […]
Termination of Construction Contracts
The termination of a construction contract is one of the most powerful remedies an employer has against a contractor, especially when the contractor is in default.[1] There are numerous different situations in which the employer or, less frequently, the contractor, might have to resort to contract termination. Most commonly, a party resorts to termination due […]
Variation Claims in International Arbitration
Variation claims in international arbitrations involving construction are common. Over the course of a construction project, it is not rare for a project to undergo changes. This might arise because the employer needs to change the original scope of work that can no longer be carried out after starting the project, or the contractor discovers […]
Global Claims in Construction Arbitration
Global claims, also known as “total cost claims” or “composite claims”, commonly arise in construction disputes and international arbitrations, especially in cases where projects have been delayed. Global claims are claims advanced by contractors without attempting to substantiate cause and the effect. In the words of the leading commentators on construction contracts (Keating on Construction […]