Process and Evidence in International Construction Arbitration – ‘Tap Root’ Principles

The fact-finding process in arbitration conducted in the arena of construction adjudication is of central importance. It is also a major contributor to cost. “Cost” continues to be seen as arbitration’s worst feature, followed by a number of factors including “lack of speed”. These findings point to the need for a greater level of cost consciousness in the arbitral process, combined with a greater level of efficiency, proportionality and expedition in the procedural management of an arbitral proceeding and its ultimate disposition.

The evidentiary innovations discussed in this paper are presented for discussion in aid of advancing and supplementing the Core Process Principles of arbitration, being Flexibility, Efficiency and Fairness.