Innovations in International Infrastructure Arbitrations - 23.08.2018

In this lecture, Professor Doug Jones AO RFD provides insights into the growth of innovation in international construction arbitration.

Infrastructure disputes are undeniably complex, often characterised by detailed factual matrices involving multiple parties, contracts and areas of technical complexity. These complexities pose significant challenges for dispute resolution and have contributed to infrastructure disputes developing a reputation as involving lengthy and expensive processes in courts and arbitration. Ongoing consideration has been given to the formula for efficient infrastructure arbitration. No magic bullet has emerged despite the growth of adjudication in common law jurisdictions. It is clear however that the continued success of arbitration as a method of dispute resolution is dependent upon its ability to adapt and innovate in the search for improvement.

By embracing private and public institutional innovation and active case management techniques, stakeholders have the chance to maintain arbitration as a preferred dispute resolution option.

We thank the Society of Construction Law Australia and Clayton Utz for supporting the recording of this video.