NEWSLETTER-2019-metin

156 NEWSLETTER 2019 Arbitration in Construction Industry* Att. Mehves Erdem Introduction The International Chamber of Commerce (“ICC”) released its first report on construction industry arbitrations in 2001 with the aim to provide effective tools and techniques for these complex disputes. In 2019, to reflect the new ICCArbitration Rules current as of 1 March 2017, and the new developments in the construction industry 1 , the ICC Commission on Arbitration and the ADR revised and published its re- port entitled Construction Industry Arbitrations: Recommended Tools and Techniques for Effective Management of Arbitrations (“Report”). The Report intends to provide balanced approaches for both common law and civil law jurisdictions and therefore, does not list resolutions for universal application 2 . It underlines that the procedures used in construction arbitrations should be fast and cost-effective, and the tribunals should apply the procedural rules that will best serve this purpose. Standard Form Contracts There are many standard form contracts published by national or international organizations, such as the International Federation of Consulting Engineers (FIDIC), the Institution of Civil Engineers (ICE), the American Institute of Architects (AIA), the Engineering Advancement Association of Japan (ENAA), the Joint Contracts Tri- bunal (JCT), and the Institution of Chemical Engineers (IChemE). * Article of October 2019 1 According to the ICC 2018 statistics, 224 new construction and engineering cases had been filed (i.e. 27% of the caseload in 2018). 2 Report, p. 1.