The past year has been a turbulent time for the global construction industry, with many construction projects around the world having been affected in some form or another by delays, disruption and cost overruns arising directly or indirectly from the Covid-19 pandemic. Whilst there have been indications of a recent uptick in the global construction industry, many Covid-19 related disputes have yet to be resolved, and it is likely that the knock-on effect of such disputes, compounded by other pressing problems such as the global shortage in materials and workers, will increasingly be felt going forward. As government support schemes gradually come to an end, insolvencies in the construction sector are also expected to become a feature of the landscape.

That being said, there have been some positives to emerge from the last year. As with other types of disputes, parties and practitioners involved in construction arbitrations have been required to embrace remote working conditions, in particular virtual hearings, which have contributed significantly to furthering the greener and more sustainable arbitration agenda. Modular methods of construction, which have facilitated socially distanced working, have also continued to be in the spotlight.

In this article, Herbert Smith Freehills’ Global Co-Heads of Construction Disputes, James Doe and Hew Kian Heong, examine further how these global issues have impacted and/or are expected to continue impacting construction arbitrations going forward. Click here to read the full article.

This article was first published as part of our bi-annual publication Inside Arbitration, which gives a personal insight to our International Arbitration practice by sharing with you the perspectives of our practitioners from across the globe. Our articles look at the global landscape for disputes and dispute resolution, commenting on regional trends in particular markets or sectors or identifying future trends. To access the publication and see what else this issue covers please click the link here.

James Doe
James Doe
Partner, Global Co-Head of Construction Disputes (West)
+44 20 7466 2583
Hew Kian Heong
Hew Kian Heong
Partner, Global Co-Head of Construction Disputes (East)
+86 21 2322 2150