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Cosmin Vasile, Editor of the Multi-jurisdictional Guide Dedicated to Construction Disputes

The book addresses current issues in the field of construction arbitration and related procedures, with an emphasis on Central and Eastern Europe. Our colleagues, Violeta Saranciuc and Cosmin Cojocaru, among contributors.

The guide Construction Arbitration in Central and Eastern Europe: Contemporary Issues, published by Wolters Kluwer under the editorial coordination of two renowned Romanian arbitration practitioners, Crina Baltag and Cosmin Vasile, addresses current issues in the field of construction arbitration and related procedures, with an emphasis on Central and Eastern Europe.

Complex construction projects often give rise to disputes which are usually submitted to dispute or arbitration boards for their resolution. The successful execution of a construction project is inextricably linked to risk management and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects is highly relevant to international arbitration. The book addresses, from a multi-jurisdictional perspective, recurring issues in construction disputes that transcend the regions targeted by the analysis.

„The statistics conducted by arbitral institutions in the last years are dominated by construction disputes. Until now, few publications have addressed the topic of construction arbitration in a targeted manner, with an emphasis on aspects related to the specificity of construction contracts. This particular feature was recently pointed out by the International Chamber of Commerce in the Report on Construction Arbitration. For certain, this book comes to answer some pertinent questions characteristic of construction arbitration. Although the book approaches themes from the perspective of Central and Eastern European practice, these are universally valid”, stated dr. Crina Baltag.

The contributors, 27 practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following main topics in the 16 chapters of the guide:

  • the peculiarities of evidence in construction disputes;
  • the probative value of disputes boards, as well as their enforceability;
  • multiparty issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors;
  • provisional measures;
  • arbitrability of contracts with public authorities;
  • issues of liquidated damages;
  • changes of legislation and costs over the passage of time;
  • time-bar issues; and
  • resolution of disputes related to construction projects as protected investments.

Given the increasing number of disputes and the scarce resources available, this essential guide with its cross-border perspective will prove invaluable to practitioners and academics in the field of construction law and dispute resolution, dedicated to practitioners and theorists in Central and Eastern Europe.

„In the last years, the construction industry has generated the most arbitration proceedings in Central and Eastern Europe, Romania being no exception to this trend. In this context, practitioners (lawyers, arbitrators, judges, engineers, adjudicators and, last but not least, builders and beneficiaries involved in construction contracts) feel a permanent need to access studies and case law relevant to the problems they face. At the same time, considering that the market of large construction projects (infrastructure and not only) is a cosmopolitan one, the inevitable tendency is to “export” the various judgements from one jurisdiction to another, a phenomenon that raises many legal issues. The paper aims to provide answers and solutions to these problems: practitioners from more than 10 jurisdictions offer punctual answers, with the appropriate distinctions for the jurisdiction / jurisdictions to which they refer, regarding the so-called hot topics in international construction arbitration”, added dr. Cosmin Vasile.

The book is available for purchase here.

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