Dispute resolution

Disputes are best resolved before they begin.

Construction projects succeed or fail on the quality of their governance — not only the strength of their contracts. Most disputes build slowly: from misaligned expectations, unclear responsibilities, and decisions deferred too long.

Speak to Arent Project setup
Concrete highway infrastructure Photo: Alex OToole / Unsplash

Avoidance-first

The most effective dispute resolution starts before there is a dispute to resolve.

Arent van Wassenaer's practice is built on a conviction formed over three decades in construction. When prevention is no longer possible, structured and neutral intervention — mediation or arbitration — offers the fastest path to resolution.

Primary focus · Dispute Avoidance Boards

Standing boards that prevent disputes at the source.

A Dispute Avoidance Board is a standing panel appointed at the start of a construction project. Rather than waiting for disagreements to escalate, the board monitors progress throughout the project lifecycle — identifying friction early and helping the parties resolve issues before they harden into formal disputes.

How it works

A board typically consists of three members: one nominated by each contracting party, and a jointly agreed Chair. The Chair sets the agenda, manages the board's relationship with both parties, and ensures that recommendations are timely, balanced, and grounded in the project's realities.

What the work involves

  • Regular site visits
  • Ongoing document review
  • Correspondence with both parties
  • Formal recommendations or decisions, when the contract requires

Engagements run for the duration of the construction phase — which can span several years.

Arent is most frequently appointed as Chair — a role that demands independence, deep familiarity with construction practice, and the trust of both sides.

The value of a standing board is not in the decisions it makes, but in the disputes it prevents.

Standing boardsCurrently chairing standing boards on major infrastructure projects.
By joint nominationAppointed as Chair through joint nomination by the contracting parties.
DRBF trainerTrainer for the Dispute Resolution Board Foundation.

When prevention is no longer possible

Mediation and arbitration.

Mediation

When a dispute has already surfaced, mediation offers a structured path to resolution without the cost and rigidity of formal proceedings. One or two mediators are jointly appointed by the parties to facilitate negotiation toward an agreement both sides can accept.

Arent acts as mediator in construction and infrastructure disputes. The process is confidential. The mediator does not impose a decision — the outcome belongs to the parties. What the mediator brings is structure, momentum, and the ability to help each side see past its position to its interests.

Arbitration

Arbitration is private adjudication. The arbitrator — or a tribunal of three — hears both sides and issues a binding award, functioning similarly to a judge but outside the public court system. Proceedings are conducted behind closed doors, and the outcome is confidential.

Arent is appointed as arbitrator in construction disputes, including cross-border matters. Awards made in signatory countries to the New York Convention — which includes the Netherlands and most major trading nations — are enforceable internationally through local courts with minimal procedural barriers.

The distinction. In mediation, the parties reach their own agreement with the mediator's help. In arbitration, the arbitrator decides. Both are confidential; only arbitration produces a binding award.

An aggregate record

Four decades of neutral, considered judgement.

40+ yrs In the construction industry since 1983.
60 Arbitrations chaired for the Netherlands Board of Construction Arbitration.
Standing boards Chairs dispute boards on nuclear, offshore-grid and flood-protection projects.
Author A Practical Guide to Successful Construction Projects — Routledge.

Appointments

Considering an appointment?

Appointments to dispute avoidance boards, mediation and arbitration are made by agreement between the contracting parties or through nominating institutions. If you are considering an appointment, Arent can be reached directly.

Email Arent Connect on LinkedIn