International Construction Law Review
International Construction Arbitration Law. By Jane Jenkins and Simon Stebbings. Kluwer Law International, 2006. ISBN 980–411–2341–5. 452pp. including tables and index. Hardback. €130/£92/US$166.
HUMPHREY LLOYD
This is the first volume in a new series aptly called “Arbitration in Context”. It is particularly welcome for two reasons. First, there is recognition that most of the existing works on international commercial arbitration tend to dwell too much on principle and too little on practice. Secondly, there is recognition of the importance in the world of international commercial arbitration of the arbitration of disputes arising out of construction contracts. This sector accounts for around 20% (depending on the year) of all arbitrations conducted under the aegis of the ICC International Court of Arbitration. No doubt that proportion is found elsewhere. The publishers have also been fortunate in persuading Jane Jenkins and Simon Stebbings (partners of Freshfields Bruckhaus Deringer) to write this book. Both have long experience in arbitration and particularly the arbitration of construction disputes. As the authors acknowledge, this work not only reflects their experience but also that of many other members of the engineering, procurement and construction international arbitration groups at Fresh-fields which have built upon the pioneering work, many decades ago, of Alan Redfern and Martin Hunter. Alan Redfern has contributed a preface, commending the book “because the views which are expressed, and the guidance that is given, are based on the day-to-day knowledge and the hard won experience of two highly skilled lawyers who know what they are talking about”.
Broadly, the work has three main parts. First, in order to set the scene for discussion of the practicalities of international construction arbitration, the authors provide six introductory chapters: on the forms of contract; the key features of construction contracts; how disputes may be avoided and resolved using contractual mechanisms—ADR, Dispute Boards, etc.; how contractual claims are to be handled (a particularly valuable, but short, chapter) and the mechanics of dispute resolution.
Of necessity these introductory chapters are in places quite general. For example, there are numerous references to many standard forms but they are necessarily not a commentary. This part of the work is nevertheless likely to be of considerable interest to lawyers and others who are engaged upon drafting contracts since the points made and the advice given are direct and pertinent. However, it needs to be noted that the approach of the authors is, not surprisingly, based upon their practice in the United Kingdom. Accordingly many of their references are to sources and works published in that country. This is also noticeable in the next main part
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