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Athanasakis, D (2007) Has multiparty arbitration failed in construction disputes? Legal and practical issues in drafting joinder provisions. In: Boyd, D (Ed.), Proceedings 23rd Annual ARCOM Conference, 3-5 September 2007, Belfast, UK. Association of Researchers in Construction Management, Vol. 1, 107–16.
- Type: Conference Proceedings
- Keywords: disputes; joinder provisions; multiparty arbitration
- ISBN/ISSN: 978-0-9552390-0-7
- URL: http://www.arcom.ac.uk/-docs/proceedings/ar2007-0107-0116_Athanasakis.pdf
Multiparty arbitration is a reliable legal mechanism for resolving construction disputes that affect a plethora of project parties. Ensuing awards are binding, final and directly enforceable against all affected parties. In the past years, non-adversarial contractual schemes have partly displaced multiparty arbitration. Nevertheless, construction projects have become increasingly complex and their legal environment seems totally unregulated. At present, parties treat multiparty construction dispute resolution with circumspection. If it is to become more effective, contract draftsmen must reflect upon the dynamics of multiparty arbitration and propose grounded institutional changes to provisions which allow joinder of parties. Certainly, success in this mechanism depends on the quality of the contractual terms. Research on the legal and practical issues in drafting joinder provisions will dispel the distorted image of multiparty arbitration and present client groups and engineers with fresh opportunities for concrete dispute resolution.