Introduction: Why Arbitration Consultancy Has Become Essential in Today’s Construction Industry
The construction sector across Saudi Arabia, the UAE, Qatar, Egypt, and the broader MENA region is experiencing unprecedented growth. Megaprojects in infrastructure, energy, real estate, industrial development, and smart city initiatives require coordinated execution by owners, contractors, subcontractors, consultants, and global suppliers.
But with the scale and complexity of these projects comes an inevitable reality:
Disputes are common, costly, and technically complicated.
Most construction disputes today escalate into arbitration, driven by:
- complex engineering contracts,
- multi-tier dispute resolution clauses,
- cross-border involvement of parties,
- stringent schedule and performance requirements,
- significant financial stakes.
This makes specialized arbitration consultancy a necessity, not a luxury.
LEXARB offers comprehensive arbitration advisory services designed specifically for the construction industry, combining legal precision with deep technical insight.
What Does Arbitration Consultancy for Construction Really Mean?
Arbitration consultancy involves providing professional legal and technical support before, during, and after arbitration proceedings. It covers:
- Pre-dispute advisory
- Risk analysis
- Early evaluation of claims
- Contract interpretation
- Evidence preservation
- Strategic guidance
- Claim preparation and defense
- EOT claims
- Delay, disruption, and prolongation analysis
- Variations and change order disputes
- Quantum evaluation
- Expert coordination
- Full arbitration case management
- Drafting notices and statements of claim
- Responding to counterclaims
- Managing documentary evidence
- Working with delay and engineering experts
- Preparing witnesses
- Strategizing legal arguments
- Representation before arbitral tribunals
LEXARB represents clients at:
- SCCA
- DIAC
- CRCICA
- ICC
- LCIA
- UNCITRAL tribunals
- Post-award services
- Enforcement of awards
- Annulment proceedings where applicable
- Negotiation of settlements
Arbitration consultancy ensures that companies enter arbitration fully prepared, with clearly defined claims, strong evidence, and strategic positioning.
Why Construction Disputes Require Specialized Arbitration Support
Construction disputes are unlike standard commercial disagreements. They are multi-layered, technical, document-heavy, and often span years of project performance.
Here’s why companies need expert consultancy:
- Construction disputes are highly technical
Key issues relate to:
- critical path delay analysis,
- design failures,
- structural defects,
- MEP system failures,
- material non-compliance,
- contractual variations,
- geotechnical surprises.
Understanding both the engineering and legal dimensions is essential.
- FIDIC and EPC contracts require expert interpretation
Typical clauses involve:
- notice requirements,
- engineer’s determinations,
- EOT mechanisms,
- LDs and performance obligations,
- testing and commissioning standards,
- defect liability requirements.
Failure to follow contractual procedures may invalidate otherwise valid claims.
- The financial stakes are enormous
Construction disputes often exceed:
- $20M for medium-sized projects
- $100M+ for major infrastructure
- $500M+ for energy and industrial megaprojects
Errors in arbitration strategy can cost companies millions.
- Arbitration procedures are complex
Rules differ by institution, and construction cases often require:
- schedule forials,
- expert conferencing (hot-tubbing),
- forensic delay analysis,
- heavy documentation production,
- multilingual submissions.
LEXARB ensures procedural compliance and persuasive advocacy.
LEXARB’s Comprehensive Role in Arbitration for the Construction Sector
LEXARB supports clients at every stage of the arbitration cycle.
- Early Case Assessment
A strong case begins before arbitration even starts.
LEXARB evaluates:
- contract framework,
- causation,
- delay responsibility,
- quantum exposure,
- legal risks,
- settlement opportunities.
- Claim Structuring and Preparation
LEXARB prepares claims based on:
- detailed review of project documents,
- forensic schedule analysis,
- cost impact assessments,
- expert technical reports.
We ensure every claim is supported by:
- clear facts,
- accurate figures,
- contractual grounding,
- legal arguments.
- Defense Against Claims
For owners and developers, we:
- challenge inflated claims,
- analyze contractor-caused delays,
- detect deficiencies in claim methodology,
- expose unsupported variation demands,
- defend against wrongful termination claims.
- Management of Engineering and Delay Experts
Arbitration in construction relies heavily on experts.
LEXARB collaborates with:
- delay analysts (CPM experts),
- quantum experts,
- structural engineers,
- MEP specialists,
- forensic engineers.
We guide them to present coherent, credible, tribunal-friendly testimony.
- Drafting Arbitration Submissions
LEXARB prepares:
- statements of claim
- statements of defense
- counterclaims
- witness statements
- expert instructions
- post-hearing briefs
Each submission is structured to persuade, not merely inform.
- Advocacy During Hearings
Our team represents clients effectively in:
- witness examination,
- expert hot-tubbing,
- oral submissions,
- procedural conferences,
- tribunal communications.
- Post-Arbitration Support
LEXARB assists with:
- enforcement of awards globally,
- negotiations for final settlement,
- annulment actions (where appropriate).
Common Construction Disputes Managed by LEXARB
- Delay and EOT Claims
Often involving:
- delayed approvals
- design modifications
- access issues
- resource shortages
- force majeure events
- interface conflicts
- Variations and Scope Changes
Disputes regarding:
- additional works,
- evaluation of quantities,
- rate adjustments,
- change orders,
- unexpected site conditions.
- Defect and Quality Disputes
Covering:
- structural failures
- defective concrete
- MEP malfunction
- water infiltration
- commissioning failures
- Payment and Financial Disputes
Including:
- withheld amounts
- set-offs
- uncertified works
- subcontractor payment disputes
- escalation and price adjustment claims
- Contract Termination and Suspension
LEXARB handles disputes involving:
- wrongful termination,
- abandonment of works,
- contractual breaches,
- performance failures.
- Consultant and Design Liability
Such as:
- design errors,
- clash of drawings,
- inadequate technical details.
Case Study: Arbitration Success in a $180 Million Construction Dispute
The dispute:
An EPC contractor faced allegations of an 11-month delay in a power station project.
The owner claimed that the contractor:
- mismanaged the schedule,
- failed to coordinate subcontractors,
- delivered defective materials.
However, the contractor argued that:
- the owner issued late design changes,
- approvals were delayed,
- site conditions differed from the tender documents.
LEXARB’s strategy included:
- A full forensic delay analysis
- Detailed evaluation of design changes
- Preparation of a technically grounded EOT claim
- Comprehensive arbitration submissions before ICC
- Expert-led defense on engineering and quantum
Outcome:
- Contractor awarded 8 months EOT
- Majority of LDs overturned
- Contractor received a substantial financial adjustment
- Project continued without further conflict
This demonstrates the critical impact of effective arbitration consultancy.
Why the Construction Industry Trusts LEXARB for Arbitration Consultancy
- Unmatched combination of legal and technical expertise
- Mastery of FIDIC, EPC, PPP, BOT, and government contracts
- Proven success in multimillion-dollar arbitrations
- Multilingual capability (English, Arabic, French, Russian)
- Strategic case-building approach
- Ability to manage highly complex, document-heavy disputes
- Credibility before regional and international arbitral tribunals
LEXARB is more than a law firm — it is a strategic dispute resolution partner for the construction industry.
Conclusion: Arbitration Consultancy Is Not Optional — It Is a Strategic Necessity in Modern Construction
With increasing project complexity and the rising value of disputes, specialized arbitration support is essential to protect rights, recover entitlements, avoid penalties, and secure commercial success.
LEXARB provides construction companies with:
- confidence,
- clarity,
- strategic foresight,
- technical accuracy,
- and strong advocacy.
If you are preparing for arbitration or facing a construction dispute, contact LEXARB for confidential and expert arbitration consultancy tailored to your project.