Construction Disputes: Suitability And Up-Front Considerations For Arbitration Rule Selection

The selection of arbitration for complex construction projects continues to increase¹ – and, for good reasons: its finality, confidentiality and rules are suitable for complex, multiparty, and technically demanding matters. The flexibility of arbitration – tailoring procedures, selecting technically qualified arbitrators and adapting the process to the needs of the project – often makes it an effective forum for managing the unique challenges of construction conflicts.² Knowing that a potential dispute frequently involves intricate factual investigations, overlapping contractual relationships and the need for decisions in a timely manner to keep projects on track, parties often choose arbitration up front as the contractual dispute resolution process on construction projects.³