International Construction Law Review
BOOK REVIEW - Multi-Party and Multi-Contract Arbitration in the Construction Industry (1st Edition)
Multi-Party and Multi-Contract Arbitration in the Construction Industry (1st Edition) by Dr Dimitar Kondev. Published by Wiley-Blackwell (2017). Pages 408. £79.95. ISBN No 978-1-119-25172-9
Disputes involving multiple parties, and arising under two or more contracts are particularly common in the construction industry. Parties to such disputes usually need one ruling on common issues which can be applied to achieve consistent results in all related contracts. There are a number of well-known legal techniques to achieve such a single ruling, such as joinder and consolidation. However, the application of these techniques, in the context of an international arbitration, can be problematic as arbitration is a consensual and confidential method of resolving disputes. This has generated an extensive array of legal literature. However, as Dr Kondev points out, much of the existing commentary focuses on multi-party arbitration from a general perspective. It does not address the specific view point and needs of the construction industry. It is this gap that Dr Kondev primarily addresses in his book. Drawing on his academic and practical experience Dr Kondev focuses on the specific problems that arise in the international construction sector in resolving such disputes through arbitration.
Dr Kondev’s book provides a useful in-depth analysis of the three main legal sources of the regulation of multi-party arbitration: the arbitration agreement, applicable arbitration rules and arbitration laws. He has reviewed the solutions offered to multi-party arbitration by a number of institutions chosen for their frequent application to construction disputes such as the ICC, LCIA, UNCITRAL, CIETAC and HKIAC. He has also considered the legislative approaches to multi-party arbitration focussing on the UNCITRAL Model Law, and then the arbitration laws of various states including the UK, Malaysia and Canada. Dr Kondev also looks at the approaches to multi-party arbitration under popular international standard forms such as FIDIC, NEC3, and the ICC contracts and domestic standard forms available in England, the USA and Denmark.
Dr Kondev’s clear analysis leads him to conclude that the current legal framework has largely failed to provide workable solutions for the construction sector. He suggests two ways in which this framework could be improved: through the contractual regulation of multi-party disputes and by amendments to the arbitration institutional rules. Of particular practical use, recognising that the drafting of multi-party arbitration clauses can be a daunting complex exercise, Dr Kondev considers in detail the drafting of such clauses. He provides clear, and sensible guidelines, as a checklist for the drafter. Further, in order to illustrate how a workable multi-party
360