Construction arbitration—particularly in cross-border
disputes—can present timing and procedural challenges that
require careful planning and active management. For in-house
counsel and practitioners, the goal isn't to wish away delays;
it's to anticipate, manage and navigate them effectively while
achieving desired project and business outcomes.
As discussed below, pragmatic strategies, well-organized
documentation and the effective use of experts and dispute boards
are essential for controlling delays and costs and for effectively
managing complex arbitration proceedings.
Dispute Boards: Early Action, Real Impact
Dispute resolution boards (DRBs) and dispute adjudication boards
(DABs) offer parties a practical way to resolve issues as they
arise—not years later. For example, during the construction
of the Pan American Games' facilities in Lima, Perú, a
DAB quickly resolved frequent disputes, helping keep the event
venues on schedule. The few issues sent to
