London survey finds 90% prefer int'l arbitration

763 respondents to Queen Mary University London's survey chose international arbitration as their preferred mode of dispute resolution

90% respondents to QMUL and White & Case's survey prefer international arbitration.
90% respondents to QMUL and White & Case's survey prefer international arbitration.

International arbitration is the most preferred form of dispute resolution for cross-border disputes in the construction industry around the world, a recently-released study has found.

Queen Mary University of London (QMUL), in partnership with global law firm White & Case, found 90% of the total 763 respondents to its survey prefer international arbitration to resolve cross-border disputes.

Interviewees for the survey were drawn from a diverse group based on seniority, gender, and experience in international arbitration.

This is a stark contrast to the 73% which preferred international arbitration in 2006.

The survey was conducted from February to July 2015 by the School of International Arbitration at QMUL, led by Prof. Loukas Mistelis and Mr Rutger Metsch.

Michael Turrini, a White & Case construction partner based in the Middle East, said: “As this research reveals, it is the ability to harness specific construction industry expertise that makes international arbitration particularly appealing to the sector.

"Construction is a particularly technical area of law, constantly evolving and often involving complex design and engineering defects, as well as delay and disruption claims.

 

"Companies which choose litigation therefore run the risk of having a court appointed judge to hear their case and who may not have a construction background," Turrini continued. 

"However in international arbitration, where parties can select arbitrators with the specialist technical knowledge and industry expertise, there is a likelihood of achieving a more considered result which better reflects the specifics of the issue." 

London and Paris are preferred venues for international arbitration, ranked by respondents as the two most used seats over the past five years (45% and 37%, respectively).  
 

 

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