Construction Arbitration by Chow Kok Fong | 2023

Arbitration remains the primary method of resolving disputes in the construction sector, especially for complicated and large-scale projects. However, parties often find the procedure daunting and even harder as time goes on. This book is intended for construction industry professionals who must decide whether to submit a matter for arbitration, including employers, contractors, and their advisors.

From the perspective of the parties, the preparation, presentation, and process management of each party's arbitration case are the main points of emphasis. The book looks at the variables that increase the expense and duration of arbitration proceedings; many of these variables are controllable to a large degree by the parties. These considerations include the practical aspects of choosing an arbitrator, counsel, and managing the copious amounts of paperwork and materials that have come to define construction arbitrations.

• Development of the case theory and arbitrator selection are covered in Commencement Matters (Chapter 3).
• Management of procedural matters and documentation is covered in Conduct of Proceedings (Chapter 4).
• Chapter 5, "Management of Costs in Arbitration," discusses cost management and cost-saving strategies.
• Documents and Evidence (Chapter 6): assembling and classifying evidence, production requests, and bundles of hearings.
• Statements and Pleadings (Chapter 7): crafting the memorials approach, pleadings, and cause papers.
• Chapter 8 covers Factual Witnesses, including witness selection, witness statement preparation, and examination procedures.
• Expert Evidence (Chapter 9): expert selection, expert instruction, and expert evidence presentation.
• Chapter 11 covers payments and variations, Chapter 12 covers delays and time extensions, and Chapter 13 deals with termination.

Additional chapters include topics such as Written Submissions (Chapter 10), The Award (Chapter 14), Arbitration Agreement and Construction Standard Forms (Chapter 2), Interim Measures (Chapter 15), and Other Modes of Dispute Resolution (Chapter 16).

2. Arbitration Agreement & Constr Standard Forms

3. Commencement Matters

4. Conduct Of The Proceedings

5. Managing Costs In Arbitration

6. Documents And Evidence

7. Statements And Pleadings

8. Factual Witnesses

9. Expert Evidence

10. Written Submissions

11. Payments And Variations

12. Time And Delays

13. Termination

14. The Award

15. Interim Measures

16. Alternative Dispute Resolution

About The Author of Construction Arbitration

CHOW KOK FONG is a Chartered Arbitrator. He has held multiple senior roles with significant real estate and construction enterprises, and he was previously the CEO of the Construction Industry Development Board and Changi Airports International. He has held adjunct associate professor positions in project management at Nanyang Technological University and the National University of Singapore at different points in time. He was previously the Chairman of the Society of Construction Law and the Founder President of the Society of Project Managers. Two of his 21 books, Law and Practise of Construction Contracts and Security of Payments and Construction Adjudication, are highly regarded. He received the quinquennial Singapore Academy of Law Award 2013 on November 1, 2013, in recognition of his services to the advancement and promotion of Singapore legal growth. For his services to the Singapore Academy of Law, he received a Singapore National Day Award in 2018. He was chosen as a Fellow of the International Academy of Construction Lawyers in November 2022.