Graham Lovett and Ryan Whelan Author Chapter for Global Arbitration Review

Disputes & Investigations partner Graham Lovett and senior counsel Ryan Whelan, with research assistance from associate Freddie Akiki, have contributed a chapter on “Comparative Approaches to Concurrent Delay” for Global Arbitration Review’s fifth edition of “The Guide to Construction Arbitration.”

The chapter considers concurrent delay, identified by the authors as “one of the most complex (and somewhat perplexing) substantive issues in international construction law,” and how different jurisdictions define and approach such a situation.

Graham and Ryan compare how England, Scotland, France, Hong Kong, Singapore, Switzerland, the United Arab Emirates and the United States constitute concurrent delay, allocate responsibility and approach ‘Delay and Disruption Protocol.’

In conclusion, the authors note that “absent any express definitions of concurrent delay to completion, tribunals are likely to treat the term ‘concurrent delay’ to mean the occurrence of delay to the completion of work caused by two or more delay events, one of which is the responsibility of the employer and the other the responsibility of the contractor.” Further, that “parties are free to define concurrent delay and address how concurrent delay ought to be evaluated (including apportionment if that is the agreed preferred option).”

The chapter is available to read here.

This article was first published on Global Arbitration Review in October 2023; for further in-depth analysis, please visit GAR The Guide to Construction Arbitration - Fifth Edition.