Efficiency in the conduct of construction arbitration

Arbitration is the most widely used mechanism in the world to resolve disputes in the construction industry. However, it faces challenges related to the cost and duration of its processes. This has motivated the study and proposal of best practices to alleviate this situation in international construction arbitration, through the promotion and increase of efficiency. Given that two of the main causes of inefficiencies in construction arbitration are directly or indirectly related to the role played by arbitrators, their proactive leadership, free of Due Process Paranoia, can have a significant impact on increasing efficiency, benefiting both users and arbitrators. Several measures have been recommended and implemented at the international level in this regard, which could be replicated at the national level, as long as they do not contravene the arbitration law or institutional regulations.

Autorentext

Tatiana Herrada is a lawyer from the Pontificia Universidad Católica del Perú (PUCP). Master in Construction Law from The University of Melbourne. Candidate to the LLM in International Dispute Resolution by Queen Mary University of London. Diego Prado holds a law degree from the PUCP and is an adjunct professor at the PUCP Law School.