Construction Disputes: Suitability and Up-Front Considerations for Arbitration Rule Selection

This article was first published on Global Arbitration Review in August 2025; for further in-depth analysis, please visit GAR Guide to Construction Arbitration – Sixth Edition. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only. 

The selection of arbitration for complex construction projects continues to increase^[1]– and, for good reasons: its finality, confidentiality and rules are suitable for complex, multiparty, and technically demanding matters. The flexibility of arbitration – tailoring procedures, selecting technically qualified arbitrators and adapting the process to the needs of the project – often makes it an effective forum for managing the unique challenges of construction conflicts.^[2] Knowing that a potential dispute frequently involves intricate factual investigations, overlapping contractual relationships and the need for decisions in a timely manner to keep projects on track, parties often choose arbitration up front as the contractual dispute resolution process on construction projects.^[3]

Arbitration's procedural flexibility allows for tailored mechanisms such as joinder to address complex multiparty arrangements, bifurcation of proceedings to resolve threshold issues efficiently, and structured discovery and document exchange processes suited to the needs of the dispute. The use of experts, whether party-appointed or tribunal-appointed, helps clarify technical matters critical in construction claims. Furthermore, the availability of interim measures and emergency arbitration ensures that parties can obtain urgent relief when necessary, thereby maintaining the momentum of ongoing construction work while the arbitration progresses.

With that in mind, it is important to consider which rules may be most suitable for each particular project. Along these lines, this chapter examines and compares key practices across major arbitral bodies – the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Singapore International Arbitration Centre (SIAC), the International Centre for Dispute Resolution (ICDR) and the United Nations Commission on International Trade Law (UNCITRAL) – including joinder, bifurcation of proceedings, discovery and document exchange, use of experts, interim measures and emergency arbitration. The aim is to help practitioners assess the institutional rules that may be most suitable for their construction-related project and how up-front choices at the time of contracting may greatly influence any later disputes.

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