International arbitration report

Publication | May 2019

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Welcome to issue 12 of Norton Rose Fulbright’s International Arbitration Report. The focus of this issue is the infrastructure and construction sector.

In this issue, we offer a global overview of infrastructure and construction dispute trends. With the proliferation of major infrastructure projects across the globe, such as those under the auspices of China’s Belt and Road Initiative, we delve into investor-state disputes involving that sector, and offer practical tips on how to avoid, mitigate and manage disputes when transacting with states or state-owned counterparties.

Staying with the Belt and Road Initiative theme, we interview the Secretary General of CIETAC Hong Kong, Dr Wang Wenying, for our Q&A and discuss the development and reform of CIETAC and the impact that the Belt and Road Initiative is having on arbitration in the region.

Our FAQ article looks at frequently asked questions about drafting effective dispute resolution clauses for multi-party, multi-contract disputes. This is particularly pertinent given infrastructure contracts are generally part of a wider suite of project contracts, involving multiple parties and intersecting contracts, which often results in procedural complexities and potentially wasted time and costs for subsequent disputes.

We also cover various procedural issues such as obtaining interim relief from courts and tribunals, obtaining discovery in the US in aid of non-US legal proceedings including international arbitration, expert evidence, and practical solutions for maximizing time and cost efficiencies in construction disputes.

Turning to the European Union, we analyze the oft-maligned decision of Achmea, and opine on its impact on intra-EU investment protection and therefore foreign investment flows.

In our global round up, we offer an overview of recent arbitration developments across the globe such as new laws, rules and key cases.

Finally, we look at tactics in arbitrating shipbuilding disputes, in particular the importance of timing.