International arbitration for construction disputes
Resolve cross-border construction disputes with clear advice before you take the next step.
My Commercial Lawyers can review suitable international arbitration matters involving construction contracts, FIDIC-linked disputes, payment issues, delay claims, defects, termination or enforcement concerns.
Cross-border construction disputes need a clear route
International construction disputes can be complex.
The contract may involve parties in different countries. The project may be overseas. The contract may include an arbitration clause. The dispute may involve FIDIC terms, international payment issues, delay claims, defective works, termination or enforcement of an award.
Before starting arbitration, you need to understand:
- What the contract says
- Whether there is an arbitration clause
- Which rules may apply
- Where the arbitration is seated
- What law governs the contract
- What evidence supports your position
- Whether the claim is commercially worth pursuing
- Whether enforcement may be needed later
Is this the right page for you?
This page is for you if you are dealing with a cross-border construction or commercial dispute and need clear advice before taking action.
You may need help if:
- Your construction contract includes an arbitration clause
- The dispute involves parties in different countries
- The project is outside the UK
- The contract is FIDIC-based or FIDIC-linked
- You are dealing with an international contractor, employer or consultant
- Payment has not been made on an international project
- There is a delay, disruption or defect dispute
- A contract has been terminated or is at risk of termination
- An arbitration notice has been received
- An arbitration award may need to be enforced
- You need advice before starting or responding to arbitration
This page may also be relevant for suitable commercial arbitration matters where there is a clear commercial reason to proceed.
International arbitration matters My Commercial Lawyers can review
FIDIC-linked construction disputes
FIDIC contracts are widely used on international construction, engineering and infrastructure projects.
They are often used where a project involves cross-border parties, major works, public infrastructure, energy, oil and gas, pipelines, utilities, process plants or large engineering schemes.
The type of FIDIC contract matters because it can affect design responsibility, risk allocation, payment, notices, delay claims, variations, defects, termination and dispute resolution.
My Commercial Lawyers can review suitable FIDIC-linked disputes where the contract, project records and evidence need to be assessed before arbitration steps are taken.
FIDIC Red Book disputes
The FIDIC Red Book is commonly used for building and engineering works where the employer is responsible for the design.
Disputes may involve payment, valuation of works, variations, extensions of time, delay and disruption, defects, certification, site instructions or termination.
FIDIC Yellow Book disputes
The FIDIC Yellow Book is commonly used for plant, design-build, electrical and mechanical works, and projects where the contractor has design responsibility.
Disputes may involve design responsibility, testing, commissioning, performance requirements, delay, defects, variations, payment or fitness for purpose issues.
FIDIC Silver Book disputes
The FIDIC Silver Book is commonly used for EPC and turnkey projects, where the contractor usually takes on more responsibility for design, procurement, construction and delivery.
Disputes may involve EPC risk allocation, employer’s requirements, contractor responsibility, delay, liquidated damages, performance failures, variations, termination, payment or final account issues.
Infrastructure disputes
International infrastructure disputes can involve airports, roads, transport infrastructure, utilities, power projects, desalination plants, water infrastructure and public works.
These disputes may involve payment, delay, disruption, defects, variations, termination, performance bonds, liquidated damages, procurement issues and project records.
Oil and gas, pipeline and process plant disputes
International arbitration may be relevant where a construction or engineering dispute involves oil and gas projects, pipelines, energy infrastructure, process plants, mechanical and electrical works, testing, commissioning or performance issues.
These matters may involve FIDIC, LOGIC, IChemE or amended project contracts.
LOGIC and IChemE contract disputes
Some oil and gas, infrastructure, pipeline and process plant projects use specialist contract forms, including LOGIC or IChemE contracts.
Disputes may involve design and engineering responsibility, procurement, construction obligations, testing and commissioning, delay, performance standards, defects, variations, termination, payment, risk allocation, liability caps or dispute resolution clauses.
My Commercial Lawyers can review suitable disputes involving FIDIC, LOGIC, IChemE or amended project contracts where there is a clear commercial reason to proceed.
Cross-border payment disputes
International construction payment disputes can involve unpaid sums, delayed payments, disputed valuations, final accounts or enforcement issues.
The contract, payment terms and evidence should be reviewed before action is taken.
Delay and disruption claims
Delay disputes on international projects may involve extensions of time, concurrent delay, disruption, programme records, project notices and financial claims.
These disputes often need careful review of the contract, project records and expert evidence.
Defects and performance disputes
Defect and performance disputes may involve allegations of poor workmanship, design issues, rectification costs, testing failures, commissioning problems, performance failures or claims for damages.
The contract terms and technical evidence should be reviewed before arbitration steps are taken.
Termination disputes
Termination in an international construction contract can carry serious risk.
The contract terms, notices, grounds for termination and evidence should be reviewed before action is taken or defended.
Arbitration notices and responses
If arbitration has been started, threatened or is being considered, the notice, contract and procedural rules should be reviewed early.
This helps clarify the route, deadlines, issues and evidence needed.
Evidence and case preparation
International arbitration can involve detailed written submissions, witness evidence, expert reports, project records, technical documents and legal argument.
The strength of the case often depends on how clearly the documents support the claim or defence.
Award enforcement and challenges
If an arbitration award has been made, enforcement or challenge may need to be considered.
The next step may depend on the award, seat of arbitration, governing law, jurisdiction and where the other party’s assets are located.
FIDIC contract disputes in international arbitration
FIDIC contracts are widely used on international construction, engineering and infrastructure projects.
They are often used where a project involves cross-border parties, major works, public infrastructure, energy, oil and gas, pipelines, utilities, process plants or large engineering schemes.
The type of FIDIC contract matters because it can affect design responsibility, risk allocation, payment, notices, delay claims, variations, defects, termination and dispute resolution.
My Commercial Lawyers can review suitable FIDIC-linked disputes where the contract, project records and evidence need to be assessed before arbitration steps are taken.
Red Book
The FIDIC Red Book is commonly used for building and engineering works where the employer is responsible for the design.
Disputes may involve:
- Payment
- Valuation of works
- Variations
- Extensions of time
- Delay and disruption
- Defects
- Site instructions
- Certification
- Termination
This may be relevant where the project is based on employer-designed works and the dispute turns on valuation, time, notices or performance.
Yellow Book
The FIDIC Yellow Book is commonly used for plant, design-build, electrical and mechanical works, and projects where the contractor has design responsibility.
Disputes may involve:
- Design responsibility
- Performance requirements
- Plant and equipment
- Delay
- Testing and commissioning
- Defects
- Variations
- Payment
- Fitness for purpose issues
This may be relevant where the dispute concerns design-build obligations or technical performance.
Silver Book
The FIDIC Silver Book is commonly used for EPC and turnkey projects, where the contractor takes on more responsibility for design, procurement, construction and delivery.
Disputes may involve:
- EPC risk allocation
- Turnkey delivery obligations
- Employer’s requirements
- Contractor responsibility
- Delay and liquidated damages
- Performance failures
- Variations
- Termination
- Payment and final account issues
This may be relevant where the project is high-value, complex and risk allocation is heavily contested.
Other FIDIC forms
Some projects may use other FIDIC forms, amended FIDIC terms or contract structures based on FIDIC principles.
The exact wording matters. A dispute should be reviewed against the contract actually signed, not only the standard form.
How My Commercial Lawyers Helps With International Arbitration
Clear advice before arbitration begins
My Commercial Lawyers starts by reviewing whether arbitration is the right route and what the contract requires.
1. Review the arbitration clause
The contract is checked to understand whether arbitration applies, what rules may govern the process and what steps may be required.
2. Clarify the dispute
The team reviews what has happened, what is being claimed and what outcome you are trying to achieve.
This may involve payment, delay, defects, variations, termination or performance issues.
3. Review the evidence
The key documents are reviewed so your position can be understood before arbitration steps are taken.
This may include contracts, notices, project records, correspondence, payment documents, programmes, expert reports and technical evidence.
4. Consider the arbitration route
The route may depend on the contract, arbitration clause, seat, governing law, value, evidence and commercial objective.
5. Scope the next instruction
If the matter is suitable, the next instruction is scoped before work begins.
You should know what work will be carried out, what the fee is and what the expected timeline is for that instruction.
Know the scope, fee and timeline before each instruction begins
My Commercial Lawyers works on a fixed fee instruction basis.
An international arbitration matter may involve more than one instruction. For example, one case may include several separate stages, such as reviewing the arbitration clause, advising on the position, preparing a notice, responding to a claim, preparing submissions, reviewing evidence, considering settlement, or advising on enforcement where suitable.
Each instruction is scoped before it begins.
This means you know:
- What work will be carried out
- What the fee is for that instruction
- What the expected timeline is
- What is included
- What is not included
- What may need a separate instruction later
This helps keep the process clear and reduces the risk of confusion about fees, scope or timing.
The aim is clear advice, clear scope and practical next steps before you spend money on the wrong action.
International infrastructure and energy disputes
International arbitration is often used for high-value construction and engineering disputes involving complex infrastructure.
My Commercial Lawyers may review suitable disputes involving:
- Airports
- Roads and transport infrastructure
- Utilities
- Power and energy projects
- Oil and gas projects
- Pipelines
- Process plants
- Mechanical, electrical and plumbing contracts
- Desalination and water infrastructure
- Public utility infrastructure
- Large-scale contractor and subcontractor disputes
These disputes can involve payment, delay, disruption, defects, variations, termination, performance bonds, liquidated damages, procurement issues and project records.
My Commercial Lawyers has experience with international construction arbitration matters, including FIDIC-linked project disputes, MEP contract arbitrations, desalination infrastructure issues and public utility infrastructure disputes.
LOGIC and IChemE contract disputes
Some infrastructure, oil and gas, pipeline and process plant projects may use other specialist contract forms, including LOGIC or IChemE contracts.
These contracts may raise issues around:
- Design and engineering responsibility
- Procurement
- Construction obligations
- Testing and commissioning
- Delay
- Performance standards
- Defects
- Variations
- Termination
- Payment
- Risk allocation
- Liability caps
- Dispute resolution clauses
My Commercial Lawyers can review suitable disputes involving FIDIC, LOGIC, IChemE or amended project contracts where there is a clear commercial reason to proceed.
Why International Arbitration Is Different From Court Litigation
International arbitration is separate from court litigation.
In arbitration, the parties usually rely on a contract clause that says disputes will be resolved by arbitration. The arbitrator or tribunal makes an award.
In litigation, a judge makes a decision through the court process.
International arbitration may be used because it can offer:
- A neutral forum
- Private proceedings
- A decision-maker with relevant experience
- A process agreed by contract or institutional rules
- Awards that may be enforceable across jurisdictions
Whether arbitration is suitable depends on the contract, dispute, value, evidence and enforcement position.
What Happens After You Enquire
Share the contract, arbitration clause and key facts
You do not need to know the full arbitration route before you enquire.
Start by sharing what has happened.
1. Complete the website form
Tell the team about the dispute, who it involves and what help you need.
2. Join your Trello matter board
After submitting the form, follow the instructions to download Trello and join your matter board.
This gives the team one place to collect the key facts, documents and updates.
3. Upload the key documents
Share the contract, arbitration clause, notices, emails, payment documents, project records, arbitration documents and any evidence linked to the dispute.
4. Suitability is reviewed
The team reviews the contract, dispute and evidence to check whether this is something they can help with.
5. The next step is confirmed
If the matter is suitable, the next step, fixed fee instruction, client care letter and invoice are arranged before work begins.
You can find out whether your matter fits before committing to the next step.
International Arbitration FAQs
What is international arbitration?
International arbitration is a private dispute resolution process used where parties have agreed to resolve disputes outside the court system.
It is often used in cross-border construction and commercial contracts.
Is international arbitration the same as litigation?
No. International arbitration and litigation are different.
In arbitration, an arbitrator or tribunal makes an award. In litigation, a judge makes a decision through the court process.
Is international arbitration the same as adjudication?
No. Arbitration and adjudication are different processes.
Adjudication is commonly used in UK construction disputes. International arbitration is often used for cross-border contracts and international construction projects.
Can you help with FIDIC disputes?
Yes. My Commercial Lawyers may be able to review suitable FIDIC-linked construction disputes, especially where the matter involves international arbitration or cross-border construction issues.
What should we check before starting arbitration?
Check the contract, arbitration clause, governing law, seat of arbitration, procedural rules, evidence, value of the claim and enforcement position.
Can you help if arbitration has already started?
Yes, where suitable. Share the arbitration notice, contract, correspondence and key documents so the team can review the position.
Can you help enforce an arbitration award?
My Commercial Lawyers may be able to review suitable matters where an arbitration award needs to be enforced or challenged.
The award, seat, jurisdiction and assets involved will need to be considered.
What happens after I submit the form?
You will be asked to follow the instructions to join your Trello matter board.
This helps the team collect the contract, arbitration clause, key facts and evidence in one place before suitability and the next step are reviewed.
What are the main types of FIDIC contracts?
The main FIDIC forms often discussed in international construction disputes include the Red Book, Yellow Book and Silver Book.
The Red Book is commonly used where the employer is responsible for the design. The Yellow Book is commonly used for plant and design-build projects. The Silver Book is commonly used for EPC and turnkey projects.
The exact contract wording should always be checked because many international projects use amended FIDIC terms.
Can you help with FIDIC Red Book disputes?
My Commercial Lawyers may review suitable FIDIC Red Book disputes, especially where the issue involves payment, valuation, variations, delay, defects, certification, termination or arbitration.
Can you help with FIDIC Yellow Book disputes?
My Commercial Lawyers may review suitable FIDIC Yellow Book disputes involving design-build obligations, plant, testing, commissioning, performance requirements, delay, defects or payment.
Can you help with FIDIC Silver Book disputes?
My Commercial Lawyers may review suitable FIDIC Silver Book disputes involving EPC or turnkey projects, risk allocation, performance obligations, delay, liquidated damages, variations, termination or payment.
Can you help with oil and gas or pipeline disputes?
My Commercial Lawyers may review suitable international arbitration matters involving oil and gas, pipelines, energy infrastructure, EPC projects, process plants or related construction and engineering contracts.
Can you help with LOGIC or IChemE contract disputes?
My Commercial Lawyers may review suitable disputes involving LOGIC, IChemE or other specialist engineering contract forms where there is a clear commercial reason to proceed.
Contact Our Barristers & Solicitors
Get in touch with our team for trusted legal advice and support.
Whether you are facing a construction dispute, dealing with regulatory prosecution, or require expert advice on compliance issues, we are here to provide clear, strategic legal support.
reception@mycommerciallawyers.com
Phone
+44 (0) 208 087 4177
Office Address
7 Bell Yard, London, WC2A 2JR
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