Construction Arbitration (Delays, Disputes, Resolution)

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Description
The construction sector injects growth and development in a country. In the present time, the infrastructure and  construction sector is growing rapidly, with many ongoing large construction projects boasting of huge investments in India. Having experience of over four decades in the public and private sectors in India and abroad, and having executed several large projects belonging to the steel, power and petroleum sectors successfully, I have been exposed to various kinds of disputes faced by both employers as well as the contractors. Accordingly, I have attempted to pen down my experiences relating to such disputes, specifically concerning construction arbitration. I have covered various aspects of delays, disputes and resolutions in such arbitrations. This book has been conceived to address a particularly pressing aspect of disputes in construction projects. Construction is one of the most important sectors in any country. The number of disputes is high, and the amount involved in commercial disputes is also quite substantial. Therefore, such disputes should be either avoided among the disputants or otherwise resolved by adopting Alternative Dispute Resolution (ADR) techniques. ADR is a highly preferred mode of dispute resolution as it has several advantages, including time, cost, and flexibility in comparison to litigation, which is not only costly but also wearisome and lengthy.
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Contents
Chapter 1 : Introduction
Chapter 2 : Impact of disputes in construction sector
Chapter 3 : Ideal needs of successful project execution
Chapter 4 : Overview of projects and construction sector in India
Chapter 5 : Types of construction contracts – Traditional
Chapter 6 : Projects execution in India – Status
Chapter 7 : General process of finalization of EPC contract for large projects
Chapter 8 : Stakeholders in EPC project
Chapter 9 : Analysis and comparison of salient features of different EPC contracts
Chapter 10 : Critical examination, comparison and review of major clauses of EPC project contracts
Chapter 11 : Brutal global impact of COVID-19
Chapter 12 : Force majeure in Indian projects due to COVID-19
Chapter 13 : Project monitoring & control
Chapter 14 : Pre-requisites for successful completion of an EPC project
Chapter 15 : Case studies of project execution detailing the methodology of execution,
                           elements of delay and potentialities of disputes in projects
Chapter 16 : Conclusions drawn from the case studies of project execution
Chapter 17 : Common clauses of delays in EPC projects
Chapter 18 : Preparation of project Delay Reports
Chapter 19 : Delay analyzing techniques in construction projects
Chapter 20 : Delay in construction contracts – A Legal View
Chapter 21 : Construction dispute resolution as per Alternate Dispute Resolution mechanism
Chapter 22 : Settlement of construction dispute through Negotiation
Chapter 23 : Settlement of construction dispute through Mediation
Chapter 24 : Settlement of construction dispute through Conciliation
Chapter 25 : Settlement of construction dispute through Arbitration
Chapter 26 : Indian Arbitration and Conciliation (Amendment) Act, 2019 a reflection
Chapter 27 : Claim in a construction project
Chapter 28 : Need for evidence in construction arbitration
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Author Details
Dr. S.B. Saraswat is a well-known technologist in the Steel sector, with more than four decades of expertise in Projects and Supply Chain Management and implementations of e-auctions. In the past he has worked in following senior positions
Joint Director | SAIL
Director | Global Steel, Europe
Managing Director (Projects) | Danieli Corus India
Presently, he is Managing Director of Global E-Auction (P) Ltd. He has completed many projects in India, Europe and Middle East. Dr. S.B. Saraswat is an electrical engineer with PG qualifications in ADR, Material Management, Public Administration, Industrial Engineering and Ph.D. He holds certifications of ISO & High Tension Supervisory Competency. Dr. S.B. Saraswat is an Arbitrator on panel of forums of ICA, SCOPE, CIAC, IDAC-Ahmedabad, Newton Arbitration-UK, BIMA CC-Bangalore, Indian Institute of Arbitration & Mediation-Kochi, AIC ADR-Delhi, IITArb-India and PHD Chamber of Commerce-Delhi He is the Vice Chairman of Indian Institutions of Plant Engineers (IIPE-D/H), Chartered Engineer, Fellow of Institution of Engineers (I), Fellow of Indian Institution of Plant Engineers and Fellow of IITArb. He has been member of Society of Construction Law, UK. Dr. Saraswat  is an international speaker on Projects, SCM, e-commerce, and Arbitrations. He has been instrumental in the lead role to implement e-auctions in one of the largest PSU organizations of India since year 2000 and large private organizations in Europe. He is also the founder of Global Arbitration Support Forum, for services  and availability of arbitrators, lawyers, technical experts, consultants and trainers.