An Inequality of Arms? The Costs of Arbitration under the Public Works Contracts

Paddy Mockler

February 2026

The winning paper in the SCL Ireland Young Practitioners Essay Competition 2025

The paper considers the proposed significant changes to arbitration under contracts for major works projects in Ireland, including the ability for the parties to recover legal costs. In particular the paper examines how ‘institutional arbitration’ will be introduced into the existing standard form Public Works Contracts with the adoption of the ICC Arbitration Rules. The paper questions what impact this will have on the allocation of risk for such disputes and on dispute avoidance generally under the Public Works Contracts.

Introduction and background – Disputes under the Public Works Contracts – Legal costs in arbitration under the Public Works Contracts – Contractual balance of risk – Early engagement and dispute avoidance – The costs of arbitration and the wider effect on dispute avoidance – Conclusion

The author: Paddy Mockler is an associate solicitor at Philip Lee LLP.

Text: 8 pages