Arbitration agreements in construction contracts: Importance of alignment

By Scott Lamb and Rosalie Clark (May 19, 2023, 11:02 AM EDT) -- Those who practise in construction law will be familiar with the trend toward the inclusion of arbitration provisions in all manner of construction contracts. According to proponents of such provisions, the arbitration of construction disputes is a quicker and cheaper alternative to litigation. However, in many cases, particularly those involving multiple disputes along the contractual chain, those potential benefits run into procedural barriers — some of which may significantly increase the risk of multiple proceedings giving rise to inconsistent results — all to the cost of the parties involved....
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