Speaker: James G. Zack - Director, Navigant
Consulting, Inc
Date: December 13th Tuesday
Time: 01:00 PM EST | 10:00 AM PST
Duration: 90 Minutes
Product Code: 300188
Level: Intermediate
Key Take Away
This webinar will enable you to know the current trends in
international construction arbitration law with respect to choice of law,
choice of seat, and choice of arbitral institutions. Also get exposed to the
true time and cost of international construction arbitration and gain insight
into the choice of legal counsel and arbitrators.
Overview
International arbitration is a transnational dispute typically
involving disputes between parties from different nations often performing work
in yet another nation.
A UK contractor constructing an ore processing facility in a
sub-Saharan African nation on behalf of a Canadian minerals company, files a
claim for UK£1.45 million and seeks arbitration when the project owner refuses
to settle is an example of an international arbitration.
As the world’s economy has become more globalized, more
corporations are working internationally. Over the past two to three decades
disputes on construction projects have become larger, more complicated and more
common.
Research indicates that arbitration is the preferred dispute
resolution mechanism for international corporations rather than transnational
litigation. As the number of arbitration case filings has increased so has the
number of arbitral institutions (which now number at least 28) and the seats of
arbitration. Perhaps in reaction to growing criticism of the process, there has
been and continues to be other changes concerning international arbitration.
Why Should You Attend
Contractors bidding/ negotiating or working on an international
construction contract are most likely bound by law of the contract to some form
of international arbitration – under an international arbitral institution’s
rules; in an overseas location; based on the governing law of a foreign nation;
and with little opportunity to appeal an arbitral institution.
Likewise, contractors in this situation may also find that they
need to retain legal counsel other than the law firm that they typically use.
If contractors are involved in negotiation of an international contract they
and their legal counsel decisions will have to be made on the choice of law,
the choice of arbitral institution, the choice concerning the seat (location)
of the arbitration proceedings and, perhaps, even that language of the arbitration
proceedings. Each of these decisions has consequences concerning the cost of
arbitration, the process and procedures involved in an arbitration, and many
others. All need to be taken into account when decisions concerning
international arbitration are being made.
Gain insight into developing trends concerning transnational
litigation including:
·
The growth in
appellate rights
·
The expansion of
discovery
·
The trend toward
informal and interim dispute resolution measures
·
The growing methods to
expedite proceedings
Areas Covered In This
Webinar
·
Corporate dispute
resolution policies favor seat of arbitration
·
Virtually all arbitral
institutions report a growth in case filings year after year
·
In-house legal counsel
does not use retained legal counsel but seek specialized counsel
·
In-house legal counsel
is remarkably consistent on top influences for selecting arbitrators
·
In-house counsel is
also consistent on their choice of governing law contract
·
Despite 75 arbitral
institutions globally, 3 dominate the field
·
There are two favored
seats of arbitration but some regional centers are gaining in popularity
·
A high percentage of
disputes are settled prior to issuance of an arbitral award
·
Very few participants
have to appeal an award for judicial enforcement
·
A majority of international
corporations would grade and report on arbitrator performance
·
Confidentiality of
arbitration remains one of the strongest selling points for arbitration
Learning Objectives
·
Learn about the current status of international construction
arbitration and the decisions that must be made concerning arbitration
·
Examine and learn about some recently identified game changing
trends concerning international arbitration and what they may mean for
contractors and their legal counsel working abroad
Who Will Benefit
·
Owners performing Projects in the International Arena
·
Legal Counsel advising Clients concerning International
Arbitration
·
Design Professionals and Construction Managers working on
International Projects
·
Contractors and Subcontractors performing International Projects
Speakers Profile
James G. Zack, Jr., CCM, CFCC,
FFA, FAACE, FRICS, PMP, is the Executive Director of the Navigant Construction
Forum – the construction industry’s global resource for thought leadership and best
practices on avoidance and resolution of construction project disputes
globally.
Formerly, Executive Director,
Corporate Claims Management for Fluor Corporation, a $24 billion/year EPC with
offices and projects worldwide.
Previous to that, Vice President of
Pinnacle One and Executive Director, PinnacleOne Institute and Senior
Construction Claims Consultant with CH2M HILL, Inc.
With 40+ years of experience working
on construction projects he is a recognized expert in mitigation, analysis and
resolution or defense of construction claims.
Mr. Zack has made construction claims
presentations and been involved with claims throughout the United States,
Australia, Canada, Egypt, Chile, China, England, Guatemala, Germany, India,
Kazakhstan, Kuwait, Mexico, Peru, Saudi Arabia, Slovenia, South Africa,
Tatarstan, The Netherlands, The Philippines, Trinidad and Tobago and Venezuela.
He has been involved in more than 5,000 claims and has been designated as an
expert witness in mediation, arbitration and litigation.
Mr. Zack is a Fellow of AACE
International and the Royal Institution of Chartered Surveyors (RICS). Mr. Zack
is a Certified Forensic Claims Consultant, a Certified Construction Manager and
a Project Management Professional.
Mr. Zack is a nationally known
author, speaker and trainer concerning the management, mitigation and
resolution of construction claims on public works projects.
Source Link: https://www.atozcompliance.com/trainings-webinar/cross-industry-functions/project-management/trends-in-international-construction-arbitration/james-g-zack/300188
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