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Vol 25 No 1 Jan/Feb 2020

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Construction Arbitration in Central and Eastern Europe: Contemporary Issues


ISBN13: 9789403503318
Published: January 2020
Publisher: Kluwer Law International
Country of Publication: UK
Format: Hardback
Price: £146.00



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Construction Arbitration in Central and Eastern Europe takes a close look at the contemporary topics in construction arbitration and related procedures, with a focus on Central and Eastern Europe. Complex construction projects often give rise to disputes which are usually submitted to dispute boards and arbitration for their resolution. The successful execution of a construction project is inextricably linked to the management of risks and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects is highly relevant to international arbitration. Thus, this timely book provides a combination of local expertise and cross-jurisdictional perspectives on topics that most often emerge in construction disputes, which resonate far beyond the specific regions covered.

What’s in this book:

The contributors, all practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following topics:

  • the peculiarities of evidence in construction disputes;
  • the probative value of dispute boards, as well as their enforceability;
  • multiparty issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors;
  • provisional measures;
  • arbitrability of contracts with public authorities;
  • issues of liquidated damages;
  • changes of legislation and costs over the passage of time;
  • time-bar issues; and
  • resolution of disputes related to construction projects as protected investments.
How this will help you:

Given the increasing number of disputes and the scarce resources available, this essential guide with its cross-border perspective will prove invaluable to practitioners and academics in the field of construction law and dispute resolution. Rather than being a narrowly structured multijurisdictional guide or a comparative study, the book is a practical compendium about resolving construction disputes in the region and is a must read for any practitioner in Central and Eastern Europe.

Subjects:
Construction Law, Arbitration and Alternative Dispute Resolution
Contents:
Editors
Contributors
Preface
CHAPTER 1
Access to Arbitral Justice in Construction Disputes (Dispute Board-Related Issues, Time Bar and Emergency Arbitration)
Jurgita Petkute
CHAPTER 2
The Dispute Settlement Provisions of the 2017 FIDIC Forms of Contract and Their Potential Impact on Construction Arbitration
Aisha Nadar
CHAPTER 3
Relevance and Probative Value of Dispute Adjudication Boards in Arbitration Proceedings
Giovanni Di Folco
CHAPTER 4
Multiparty Construction Projects: An Arbitration to Bind Them All?
Alejandro López Ortiz & Patricia Ugalde Revilla
CHAPTER 5
Provisional Measures Specific to Construction Arbitration: Focus on the Austrian Legal Framework and Jurisprudence
Lisa Beisteiner
CHAPTER 6
Arbitrability of Construction Contracts Entered into with Public Authorities: The Bulgarian Perspective
Metodi Baykushev & Martin Zahariev
CHAPTER 7
Validity of the Time Bar under FIDIC Sub-Clause 20.1 in Croatian Law
Davor Babic & Fran Pelicaric
CHAPTER 8
Taking of Evidence in Construction Arbitration: Focus on the Czech Republic
Miroslav Dubovský & Pavlína Trchalíková
CHAPTER 9
Provisional Measures Specific to Construction Arbitration in Greece
Christos Paraskevopoulos
CHAPTER 10
Arbitral Practice on the Limitation of Excessive Liquidated Damages under Hungarian Law
Ioana Knoll-Tudor & András Dániel László
CHAPTER 11
Multiparty Arbitration in Poland: Direct Liability of Employer vis-à-vis Subcontractor and Its Consequences in Arbitration
Justyna Szpara
CHAPTER 12
Arbitral Practice on Liquidated Damages in Construction Contracts: Focus on Romania
Cosmin Vasile, Violeta Saranciuc & Cosmin Marian Cojocaru
CHAPTER 13
Limitation Clauses in Construction Contracts and the Arbitration Practice: Validity and Effects (Focus on Serbia and Montenegro)
Ivana Panic & Nataša Lalatovic Ðordevic
CHAPTER 14
Enforceability Issues of Dispute Boards: Considerations for an Efficient Practice in Turkey
Yasemin Çetinel
CHAPTER 15
FIDIC Dispute Adjudication Board in Ukraine: Legal Nature and Enforcement of the Decisions
Yaroslav Petrov, Oleksandr Volkov & Mykhailo Soldatenko
CHAPTER 16
Investment Arbitration: Indirect Expropriation in the Construction Sector
Crina Baltag & Alexandros-Catalin Bakos
Index