International and technically demanding projects need a dispute mechanism that matches their structure. We advise on dispute clauses, negotiated resolution and the interaction between arbitration, expert determination and court proceedings.
Choose the mechanism before the dispute
Arbitration depends on an effective agreement. Consider the seat, institution or procedural rules, language, number of arbitrators and the scope of disputes covered. A choice of governing law does not by itself select arbitration or a court.
On multi-party projects, consistency between the main contract, design appointments, guarantees and subcontracts is important. Otherwise, closely connected issues can end up before different tribunals with different powers.
Use escalation procedures with clear consequences
Negotiation, mediation, expert determination and dispute boards serve different purposes. Specify appointment, time limits, confidentiality and whether a determination is temporarily binding, finally binding or merely advisory. FIDIC provisions must be read in the version and amendments actually agreed.
An escalation clause should also address urgent measures and limitation. Do not assume that commencing informal talks preserves a claim or that a dispute-board step has the same legal effect in every jurisdiction.
Plan for evidence and enforcement
Technical experts, programme analysis and document production often drive the cost of construction arbitration. We help organise the record, narrow the questions and assess settlement opportunities. Enforcement and interim remedies must be considered in the places where assets and evidence are located.
Four practical examples
Illustrative scenarios: the appropriate steps depend on the contract, evidence and applicable law. These are not reports of client matters.
A foreign EPC contractor
The parties want English-language proceedings. Agree a suitable seat and rules and check the enforceability of the clause.
A disputed expert decision
A contract sends valuation issues to an expert. Check the precise mandate before treating the result as an arbitral award.
A live-project dispute board
A disagreement blocks progress. Follow the agreed referral process and distinguish temporary compliance from final resolution.
A mediated repair package
The parties agree technical remediation. Record inspection, security and release terms in an enforceable settlement.
Documents that help us assess your position
The dispute clause, all incorporated rules, related contracts, notices, prior referrals, project records and information about relevant assets.
Discuss your project or dispute
Tell us where the project is located, who is involved and whether a deadline is approaching. We can then clarify the scope of the proposed engagement and the next steps.
Related construction law services
Legal framework & further reading
Reviewed: 12 November 2026. Statutory references are to German law unless stated otherwise.