International Construction Law (LAWS70139)

Cross-border construction contracting, and the avoidance and conduct of disputes, has a distinctive character and content. Lawyers and industry professionals need to be familiar with the range of international forms available for various delivery methodologies, the key issues in the international financing and procurement of projects and the options for, and methods of dealing with, dispute resolution, along with the intricacies associated with those processes in an international context.

This subject provides detailed treatment of dispute avoidance techniques used in international projects (such as disputes boards) and an introduction to the principles and practice of international arbitration in the construction context. The subject lecturers, Professor Doug Jones AO and Scheherazade Walter, have extensive experience in all aspects of international procurement and dispute resolution.

This subject is being offered in Sydney in 2017, allowing students to participate in the International Bar Association's Annual Conference, which is being held in Australia for the first time since 1994. Further details

Principal topics include:

• Key issues in the finance and delivery of international construction projects
• Standard-form contracts for international construction projects (including the International Federation of Consulting Engineers (FIDIC) suite and variants promulgated by multilateral development banks)
• The main distinctions of principle and practice between the prosecution, determination or resolution of construction claims in the principal common law jurisdictions, the United States and selected Asian countries
• An examination of international bodies dealing with the determination or resolution of international construction claims
• An introduction to the jurisdictional, governing law and procedural framework for the prosecution, determination and enforcement of construction claims through international arbitration
• Identification and consideration of contractual and extra-contractual alternative dispute resolution (ADR) and dispute avoidance procedures (DAPs) in the context of international construction.