International Arbitration – An Introduction to the Series

Anatomy of an International Construction/Energy Arbitration

An Introduction to the Series

The International Chamber of Commerce (ICC) recently published its arbitration and ADR statistics for 2023, confirming again the dominance of international arbitration as the preferred means of resolving complex, cross-border construction and energy disputes.

Just over 45% of the new cases registered with the ICC in 2023 stemmed from disputes in the construction and energy sectors, with an average amount in dispute of US$65 million.

But what is it about international arbitration that has made it such a popular choice for resolving disputes of this nature?

In our forthcoming 5-part series of articles, we will get under the skin of international arbitration, drawing on our team’s 20+ years of experience resolving some of the world’s most complex and high-value construction and energy disputes.

We will begin in Part 1 with an introduction to international arbitration, outlining the basic concepts and some of the key things to consider in deciding whether international arbitration is the right forum for resolving disputes on your construction or energy project.

In Part 2, we will cover the importance of creating a strategic framework around which international arbitrations should be based, from determining what a successful outcome looks like and understanding your case’s strengths and weaknesses, to really understanding your opponent, their likely strategy and the political, jurisdictional and cultural factors that so often influence the ultimate result.

Part 3 will consider the arbitration practitioner’s paradox – brought about by the fact that, depending on jurisdiction, a significant number of international construction and energy disputes settle by agreement, before the case is decided by the arbitral tribunal.

In Part 4 we will consider in more detail the cultural aspects of international arbitration, traditionally pronounced by the differences between the civil and common law systems but more recently in the context of the perceived fusing of these systems into a new ‘international arbitration culture’.

Finally, in Part 5 we will look at the alternatives to international arbitration as a means of resolving construction and energy disputes – everything from the rise of dispute boards, to expert determination, structured negotiation and several different permutations of mediation.

Watch out for the publication of Part 1 week commencing 22 July 2024!

Posted by: Kevin Joyce and Alexander Slade