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Part III Subject-Matter Mediation of Commercial and Investment Disputes, 15 Mediation and Other ADR in International Construction Disputes

Alberto Fortún, Alfonso Iglesia

From: Mediation in International Commercial and Investment Disputes

Edited By: Catharine Titi, Katia Fach Gómez

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 October 2020


The use of alternative dispute resolution (ADR) is not going to prevent all disputes between owners and designers, contractors, subcontractors, and suppliers. However, the parties that are capable of evaluating the dispute timely and choose a suitable ADR mechanism such as mediation, expert determination or dispute boards will obtain tangible benefits. They will save costs, reduce the number of disputes, and prevent critical situations in which the accumulation of unresolved claims would otherwise jeopardize the financial viability of the entire project. This chapter deals with some of the key features of those ADR mechanisms, advises on different standard clauses and provides the reader with references, links and footnotes to the materials that any engineer or lawyer would like to have handy.

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