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The Future of International Construction Dispute Resolution

American Bar Association Forum on the Construction Industry. 2012 Fall Meeting. Construction Counseling: Pulling Together for a Winning Strategy Cutting through International Waters: Cross-border Dispute Resolution. The Future of International Construction Dispute Resolution

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The Future of International Construction Dispute Resolution

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  1. American Bar Association Forum on the Construction Industry 2012 Fall Meeting Construction Counseling: Pulling Together for a Winning Strategy Cutting through International Waters: Cross-border Dispute Resolution The Future of International Construction Dispute Resolution byJohn W. HincheyArbitrator & MediatorJAMS Global Engineering and Construction PanelOne Atlantic Center, Suite 26501201 West Peachtree StreetAtlanta, Georgia, 30309jhinchey@jamsadr.com Key Considerations in Drafting The Dispute Resolution Clause in an International Construction Contract by Charles E. Harris, Jr. Principal Counsel Litigation and Claims Bechtel Corporation 5275 Westview Drive Frederick, MD 21703 charris@bechtel.com

  2. Cutting through International Waters: Cross-border Dispute Resolution International Construction Dispute Resolution- Overview Enforceability of awards – AdvantageDispute Resolution Clause: Fundamental Provisions Party autonomy and control – AdvantageDispute Resolution Clause: Multi-Party Provisions Decision-maker expertise – AdvantageDispute Resolution Clause: Arbitrator Selection Convenience – AdvantageDispute Resolution Clause: Seat Selection

  3. Cutting through International Waters: Cross-border Dispute Resolution International Construction Dispute Resolution- Overview Cost – DebatableDispute Resolution Clause: Cost Shifting Privacy and confidentiality – AdvantageDispute Resolution Clause: Confidentiality Discovery and procedural challenges – Disadvantage or DebatableDispute Resolution Clause: Discovery

  4. Cutting through International Waters: Cross-border Dispute Resolution Construction Dispute Resolution in “Interesting Times” – A Forecast“Transformational Trends” International Arbitration: The DRP for International Construction DRBs, DABs, and CDBs “GFC” Quality of Arbitration: Efficiency, Autonomy, Choice Arbitrators as Facilitators

  5. Cutting through International Waters: Cross-border Dispute Resolution Concluding Remarks Resolution Early and in Real Time Tiered Resolution Processes Efficient, Fair, Quality Resolution Choice: Cost and Risk

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