The Application of Arbitration in Resolving Disputes in International Road Construction Contracts

This paper undertakes an extensive examination of the use of arbitration for resolving disputes in complex international road construction contracts. It reviews empirical evidence across jurisdictions on the prevalence of claims in transnational highway projects and evaluates the application of arbitration through analysis of relevant case law, rules, legislation and commentary. The study reveals that while arbitration is strongly favored over litigation in this domain, there are limitations in aspects of efficiency, consistency, diversity and representation of local interests. Accordingly, tailored reforms are proposed to enhance arbitration practices by leveraging procedural innovations, specialized expertise, transparency, emerging technologies, collaborative principles and sustainable development norms. The recommendations aim to strengthen the legal governance of global road construction by making arbitration outcomes more judicious, balanced and legitimate across diverse contexts.

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