Services · Arbitration

Construction and Commercial Arbitration

Arbitration before a tribunal that understands the work. We accept appointment as sole arbitrator, co-arbitrator or presiding arbitrator in construction, engineering and commercial disputes, in Australia and internationally.

Fig. — Notice · Pleadings · Hearing · AwardIllustrative · critical path in orange
How it works

How it works

  1. 01NoticeAppointment by the parties, by a co-arbitrator or by an appointing body, followed by an early procedural conference and a timetable suited to the dispute.
  2. 02PleadingsWritten submissions and documentary evidence, to the timetable set at the procedural conference.
  3. 03HearingIn person, online or hybrid, with expert evidence managed through joint expert conferences and concurrent evidence where directed.
  4. 04AwardA reasoned, final and binding award.

The steps are illustrative; the contract, the rules and the tribunal govern each matter.

01

What we do

  • Appointment by the parties, by a co-arbitrator or by an appointing body
  • Domestic arbitrations in Australia, and international arbitrations under institutional rules or the UNCITRAL Rules
  • An early procedural conference and a timetable suited to the dispute
  • Expedited and documents-only procedures where the matter suits them
  • Awards that are reasoned, final and binding
02

Why IDRS

Arbitration credentials

A Fellow of the Chartered Institute of Arbitrators (FCIArb), holding the Institute’s Diploma in International Commercial Arbitration (DipICArb).

A tribunal that follows the evidence

As a chartered quantity surveyor (FRICS) and chartered construction manager (FCIOB), we engage directly with quantum, programme and technical expert evidence, which keeps hearings focused on the issues that matter.

Proportionate by design

Procedure, timetable and fees are matched to the amount in issue, and fixed-fee options can be considered for suitable disputes.

03

How to engage

Parties can nominate us jointly or name us in their contract. Send the details through the enquiry page.

04

Technically Informed Arbitration

We provide arbitration for construction and infrastructure disputes. Our arbitrator holds the Chartered Institute of Arbitrators’ Fellowship and Diploma in International Commercial Arbitration, and brings direct construction industry experience to managing and deciding complex disputes.

A construction arbitration benefits from a tribunal that understands the technical issues that commonly arise: programme and delay analysis, quantum assessment, defective work, and the contractual mechanisms that govern payment. That understanding supports efficient case management, focused directions and well-reasoned awards.

We accept appointment as sole arbitrator, presiding arbitrator and co-arbitrator, by agreement of the parties, by nomination from appointing bodies, and under institutional rules. We are available for domestic arbitrations in Australia and for international arbitrations seated across multiple jurisdictions.

05

Types of Construction Arbitration

We arbitrate the full range of construction and infrastructure disputes, from domestic building disputes to complex international project claims.

01Domestic Construction Arbitration
Arbitration of building and infrastructure disputes under Australian domestic arbitration legislation, including disputes under standard form contracts.
02International Arbitration
International construction arbitrations under institutional rules and under the UNCITRAL Arbitration Rules.
03Expedited Arbitration
Fast-track procedures for disputes where the parties want a binding determination within defined timeframes and at proportionate cost.
04Documents-Only Arbitration
Arbitration decided on written submissions and documentary evidence, without an oral hearing, for disputes whose issues are mainly technical or documentary.
06

Efficient, Proportionate Process

We put considerable emphasis on active case management so that arbitrations run efficiently and at proportionate cost. Early procedural conferences set a realistic timetable, identify the key issues in dispute, and settle the most suitable procedures for resolving them.

We are experienced in managing disputes that involve expert evidence, including directing concurrent expert evidence and joint expert conferences. Familiarity with expert witness protocols across multiple jurisdictions means expert evidence is managed effectively.

08

Arbitrator

Arbitration of commercial, construction and infrastructure disputes. Domestic and international arbitration, delivering final and binding awards across multiple jurisdictions.

09

Independent, Technically Informed Arbitration

We provide arbitration for commercial, construction and infrastructure disputes. Our arbitrator holds the Fellowship (FCIArb) and the Diploma in International Commercial Arbitration (DipICArb) of the Chartered Institute of Arbitrators, and brings to each appointment both technical industry knowledge and an understanding of the procedural and evidential frameworks that govern arbitral proceedings. Arbitration ends in a final and binding award, enforceable through the courts and, internationally, under the New York Convention, subject to limited grounds of challenge.

10

Scope of Arbitration Services

We accept arbitral appointments across a broad range of commercial and technical disputes.

01Commercial Disputes
Contract disputes, damages claims, and disputes arising from joint ventures, partnership agreements and supply arrangements.
02Construction & Engineering
Disputes under building, civil engineering and infrastructure contracts, including payment claims, variations, delay, defects and termination.
03Infrastructure & Resources
Disputes arising from major infrastructure programmes, mining and resources projects, and energy and industrial developments.
04International Arbitration
International arbitrations under the rules of the ICC, SIAC, HKIAC and ACICA and under the UNCITRAL Arbitration Rules, across seats in Australia, Asia and the United Kingdom.
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Commercial Arbitration

Streamlined, efficient and cost-effective arbitration of construction and commercial disputes.

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Arbitration for Construction Disputes

Arbitration is a formal process for resolving disputes that have arisen between the parties to a contract. In Australia, international arbitration is governed by federal law, while each state has its own laws for domestic, non-international arbitration. Given the unique and technical nature of construction projects and the complex relationships they involve, appointing a construction arbitrator with broad industry experience and substantial qualifications can help bring disputes referred to arbitration to a prompt resolution.

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Arbitration Delivers Finality & Efficiency

Arbitration gives a formal determination of the dispute with greater confidentiality and flexibility than litigation. The arbitrator’s award is binding and enforceable, giving the parties certainty and closure.

The parties can then resolve their dispute efficiently and turn their attention back to their businesses and commercial objectives.

14

Fixed Cost & Efficient Arbitration

Fixed-fee options may be available for suitable disputes of limited complexity. The aim is to give the parties an efficient, cost-effective way to resolve a dispute. Timeframes can be tailored to the logistics and complexity of each case. The service is subject to our terms and is available to those seeking timely, definitive dispute resolution.

01Streamlined Procedures
Arbitrations are conducted with streamlined procedures designed to resolve disputes efficiently. In suitable cases, simplified procedural rules can reduce cost and time while preserving procedural fairness.
02Defined Timeframes
Arbitration has defined timeframes and procedural steps. Disputes can be resolved within periods suited to the parties’ needs, allowing faster resolution than litigation.
03Fixed or Time-Based Fees
Fixed fees are available for disputes of limited complexity. In larger cases, fees are based on time spent at rates agreed in advance, giving cost certainty and transparency.
04Binding Award
The arbitrator’s award is binding and enforceable at law. Rights of appeal on questions of law are limited and depend on the parties’ agreement and the seat (e.g. CAA (NSW) s 34A).
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Expertise for Larger Cases

In larger disputes, an arbitrator with both arbitration and construction expertise can offer an efficient, cost-effective forum in which a detailed understanding of the process, the claims and the expert submissions is invaluable. Our experience covers quantum disputes, delay claims, technical matters, contract interpretation and complex multiparty cases.

Construction & Engineering Expertise

With a background in construction dispute resolution, we understand the technical complexity that arises in arbitration. We can evaluate expert evidence, understand construction methodology, assess quantum claims, and apply construction industry knowledge to findings of fact and determinations.

Formal & Informal Options

Arbitration can be conducted under formal rules, institutional or ad hoc, or under simplified informal procedures. We adapt to each dispute, providing a suitably formal or streamlined process according to its complexity and the parties’ preferences.

Confidentiality & Privacy

Arbitration is private and, in Australia, confidential subject to statutory exceptions (International Arbitration Act 1974 (Cth) ss 23C–23G; Commercial Arbitration Act 2010 (NSW) ss 27E–27I). This keeps sensitive commercial information, project details and business strategy from public disclosure, which adds value in construction disputes.

16

Fee Structure & Cost Management

Fees in complex cases are based on the time spent on the reference. Fixed fees may be possible on request, depending on the circumstances. Contact us to discuss your construction arbitration requirements in more detail. Our rates are competitive, with high-quality, independent decision-making and a rigorous arbitral process.

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Expedited Arbitration

Fast-track arbitration that resolves construction and commercial disputes efficiently, with binding awards delivered within compressed timeframes.

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What is Expedited Arbitration?

Expedited arbitration is a streamlined procedure for disputes of moderate value or complexity where the parties need an efficient resolution. It particularly suits disputes where the amount in dispute falls below the threshold set in the applicable rules, where the parties have agreed to expedited procedures, or where exceptional urgency makes standard arbitration inappropriate.

Proceedings are conducted by a sole arbitrator selected for construction industry expertise and experience. The timetable is compressed to remove unnecessary delay while preserving procedural fairness and each party’s right to present its case fully. The arbitrator issues a final award within the period fixed by the applicable rules, with provision for extension in exceptional circumstances.

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Speed Without Compromise

Expedited procedures keep full due-process safeguards while removing unnecessary procedural delay. The process is designed to avoid the inefficiencies that can arise in standard arbitration without sacrificing substantive fairness or the parties’ ability to present their cases comprehensively.

The framework preserves the parties’ rights to present evidence, call witnesses and advance their arguments, while allowing proportionate, cost-effective resolution suited to the scale and complexity of the dispute.

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Expedited Arbitration Framework

Expedited arbitration combines the formality and enforceability of standard arbitration with accelerated procedures aimed at timely resolution. It is structured for disputes that full arbitration would delay disproportionately or make disproportionately costly.

01Sole Arbitrator
Proceedings are conducted by a sole arbitrator selected for substantial construction industry expertise, giving both efficiency and a technical understanding of the issues in construction and engineering disputes.
02Compressed Timetable
Defined procedural milestones and timeframes give certainty of process and allow the final award to be issued within a shorter period. The compressed timetable removes the delay inherent in standard procedures while leaving enough time to consider the parties’ cases properly.
03Reduced Administrative Fees
Expedited arbitration runs on a cost-efficient fee structure that recognises proportionality. Where a dispute is of moderate value or complexity, proportionate procedures should be reflected in proportionate fees, reducing the overall cost to the parties.
04Binding Awards
Awards in expedited arbitration are final and binding, and enforceable internationally under the New York Convention. They give the same legal certainty and closure as standard arbitration, so the parties can move forward with certainty about the outcome.
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When is Expedited Arbitration Appropriate?

Expedited arbitration is best suited to disputes where full arbitration would be disproportionate to the value or complexity of the issues. It lets parties obtain a formal, binding determination without the time and cost of comprehensive arbitration procedures.

Proportionate Resolution

It suits disputes where the interests of justice are met by streamlined procedures proportionate to the amounts or issues in dispute. This reduces the cost and time burden on the parties while still delivering a binding determination that informal dispute resolution could not provide.

Construction Expertise

Arbitrators in expedited proceedings are drawn from specialist panels with substantial experience of construction, engineering and infrastructure disputes, so the arbitrator understands the technical, contractual and commercial context without the delay and cost of a larger panel.

Institutional Framework

Expedited arbitration is administered under established institutional rules and procedures, which provide formal appointment mechanisms, procedural safeguards and administrative support. This framework keeps the process consistent and sound while retaining the efficiency of expedited procedures.

Discuss a matter

Talk to us about how our expertise can support your case or project.