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Feature
LEGAL DISPUTES arising from infra-
structure projects continue to veer more
toward arbitration than litigation. Lawyers
say these disputes are increasing in number,
many of them are growing in size and
complexity – and COVID remains a prom-
inent factor in delays.
Internationally, arbitration has been the
primary method of dispute resolution in
infrastructure construction projects for
decades, says Vasilis Pappas, head of the
international arbitration practice group at
Bennett Jones LLP. He says that the shi
from litigation to arbitration has occurred
more recently in Canada.
"We're seeing that the vast majority of
large, complex construction disputes and
infrastructure disputes are being resolved
by way of arbitration rather than traditional
court litigation, to the point where, I would
say, it's actually quite unusual for a big
construction dispute to go to court rather
than arbitration these days."
DISPUTES
INCREASING
IN SIZE AND
COMPLEXITY
CLIENTS SEEK FASTER RESULTS THROUGH
CREATIVE DISPUTE RESOLUTION TECHNIQUES SUCH
AS ARBITRATION, LAWYERS TELL AIDAN MACNAB.
COVID'S IMPACT, HOWEVER, IS CLEAR – BUT
DIFFICULT TO QUANTIFY
