With the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation in August 2019, there has been a newfound focus on how parties can improve and expand the use of alternative forms of dispute resolution outside conventional litigation and arbitration proceedings. Pepper Hamilton attorneys Albert Bates and R. Zachary Torres-Fowler contributed the Dispute Boards: A Different Approach to Dispute Resolution chapter to the 2020 Special Issue of The Comparative Law Yearbook of International Business. The chapter introduces the concept of “dispute boards,” a common dispute resolution method in the construction industry, to a wider audience.
The chapter explains how practitioners have used dispute boards within the construction industry to resolve complex construction disputes and explores how dispute board practices vary between jurisdictions and rules. The piece also examines whether disputes boards, a practice that is uniquely suited to the world of complex construction disputes, might be adapted to other forms of disputes and industries.