As the year begins, many in the construction industry are reviewing the disputes, claims, and lessons that shaped their projects in 2025. International construction arbitration continues to be demanding, shaped by technically complex records, evolving contractual frameworks, and growing expectations for timely and fair resolution of disputes. Looking ahead, several issues will continue to dominate […]

Back-to-back clauses are a common feature of large international construction projects, particularly in the infrastructure and energy sectors, where works are delivered through multi-tiered subcontracting structures. In such arrangements, employers and subcontractors have no direct contractual relationship, a separation commonly referred to as the principle of privity of contract.[1] As a result, this contractual structure […]

In international contracts, parties seek above all predictability and effective control of risk. One of the most powerful contractual mechanisms to achieve both objectives is to include a pre-agreed damages clause, commonly referred to as a liquidated damages or penalty clause. Such provisions fix in advance the sum payable where a party fails to perform […]

Delay claims are among the most common and contentious issues in international construction arbitration. Whether the project involves an industrial facility, a power plant, an infrastructure network, a data centre, or a residential complex, the reality is familiar to anyone in the industry: projects often take longer than expected.[1] When delays have significant financial consequences, […]

Construction projects are inherently complex. They often bring together multiple parties, detailed contractual frameworks, and technically challenging issues that can lead to high-value disputes.[1] In the construction industry, arbitration is frequently chosen for its neutrality, flexibility, and enforceability across jurisdictions. However, the costs of construction arbitration can be substantial and at times unpredictable, occasionally rivaling […]