International Construction Arbitration is one of my key areas of practice. Construction projects and the disputes that arise from them are invariably complex, requiring a strong working knowledge of the various forms of contracts that govern the rights, responsibilities and obligations of the parties, knowledge and expertise in areas such as engineering, design, and construction standards as well as an appreciation for the local laws, regulations, customs, language and cultures of the project’s host country. I, therefore, having the background and experience in the sector, approach the resolution of such disputes with an understanding of the specific and technical nature of this sector.
In the international construction industry, arbitration is firmly established and preferred as the method for resolving international construction disputes and claims. Construction, engineering and infrastructure disputes differ in nature from commercial disputes. Thus, construction arbitration is a specialised area within arbitration.
Over the past 40 years Turkish contractors has undertaken approximately 6047 projects in 90 countries with more than 191.6 billion $ project value. This has an obvious effect on the increasing number of international construction arbitration cases in which Turkish contractors are involved. Recent studies show that due to the changing nature of business and increased risks in doing business abroad; Turkish construction companies which provide contracting services in other countries have more tendencies nowadays to include arbitration clauses in to their contracts.
Often instructed by local law firms, I work with them or with construction firms’ engineers, senior managers and in-house legal teams. I also have developed close contacts with attorneys from various jurisdictions who are available to assist in structuring legal arguments.
I have extensive expertise in handling international construction and engineering disputes and in applying the appropriate strategic approaches, not only in the conduct of the arbitral proceedings themselves, but also in pre-arbitral negotiation stages.
Moreover, I regularly advise construction companies, contractors and employers, on a worldwide basis, in drafting and reviewing construction contracts, joint venture agreements, consortium-joint venture agreements and turnkey contracts, including those based on FIDIC.
International Construction Arbitration Practice
Please see below a summary of the international arbitration cases I have been involved: