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Recent treatment of construction awards by the ICC International Court of Arbitration

Paper number

Robert Knutson

March 2004

A paper given to a meeting of the Society of Construction Law in London on 3rd February 2004.

From his own experience as a member of the ICC Court, the author looks at a number of trends and practices to be found in ICC arbitrations of construction cases.

The ICC Court - So where are the cases? - Jurisdictional disputes - Jurisdictional objections based on alleged pre-conditions to arbitration - Definitional issues - What the court will do when faced with jurisdictional points - String arbitration clauses - Group of companies doctrine - Multiple parties - Pre-arbitration court proceedings and their effect on the arbitration clause - Article 23 'and' or 'or' - Pacta sunt servanda rules ok -No free rides - Conclusion.

obert Knutson is a solicitor, chartered arbitrator and registered adjudiciator.

Text and appendix 11 pages.

PDF file size:61k