Innovating evidence procedure in international construction arbitration
The complexity of construction disputes commands special attention and constant innovation. Fortunately, arbitration is well-equipped to meet the challenges of such disputes, due to its flexibility and adaptability. This paper discusses three areas of innovation in evidence procedure unique to const...
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| Format: | Article |
| Language: | English |
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2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8024604 |
| Source: | Derecho & Sociedad, ISSN 2079-3634, Nº. 49, 2017, pags. 233-253 |
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| Summary: |
The complexity of construction disputes commands special attention and constant innovation. Fortunately, arbitration is well-equipped to meet the challenges of such disputes, due to its flexibility and adaptability. This paper discusses three areas of innovation in evidence procedure unique to construction disputes: institutional, technological and procedural. Due consideration is also given to the virtual hearing, an innovation which has proven critical to the survival of arbitration amidst the COVID-19 pandemic. Technology, while valuable, will not improve the efficiency of arbitration alone: it must be used in conjunction with procedural innovations. The implementation of procedural, technological and institutional advancements by a proactive tribunal and open-minded parties can create boundless innovation and provide maximum value for all involved. |
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