By Dorothy Murray and Matthew Wild , and first published in the September 2016 edition of Partnerships Bulletin.

murray_dLong term, multi-party infrastructure projects can give rise to a number of disputes over time. Our infrastructure clients typically find four points at which dispute resolution (DR) choices arise:

  1. Contract negotiation – the parties consider the types of disputes that are likely to arise when selecting appropriate DR mechanisms and fora, including the quicker forms of DR such as expert determination or adjudication and the lengthier more detailed processes of litigation or arbitration.
  2. Occurrence of a dispute – the contract may expressly allow for a choice to be made – between arbitration and litigation, or in the courts of country A or B – or a party may choose ADR such as mediation before starting a formal process.
  3. Settlement – when opportunities for settlement arise, a party assesses the likelihood of a successful outcome against commercial considerations, time, cost, credit risk and enforcement.
  4. Enforcement – where there is no voluntary compliance with a judgment or award, the winning party must consider how and where to enforce.

Here we consider the impact of the Brexit vote on each of these issues. Please continue reading.