Arbitration is widely recognized as a prominent dispute resolution mechanism in the construction industry. However, contractors frequently encounter significant challenges when engaging in arbitration proceedings. Therefore, this study aims to investigate the nature of these challenges and propose effective strategies for overcoming them. An interpretive multiple-case study strategy was employed, focusing on building construction projects undertaken by CS1 and CS2 categorized contractor organizations in Sri Lanka that experienced arbitration-related disputes. Primary data were collected through semistructured interviews with project stakeholders and analyzed using manual content analysis. The findings were further validated and enriched through expert interviews with professionals experienced in construction arbitration. The study identified five major categories of challenges: general, project-specific, procedural, contractual, and technical. Key challenges included jurisdictional disputes, poorly drafted arbitration clauses, and a limited pool of expert arbitrators. In response, the study proposes a range of targeted strategies, such as maintaining proper documentation, appointing qualified arbitrators, introducing arbitration timelines, implementing information-sharing systems with tracking, strengthening the legal enforceability of awards, updating the Arbitration Act, and issuing standardized procedural guidelines. This research offers valuable practical implications for the construction sector by providing a comprehensive set of actionable strategies to enhance the effectiveness and reliability of arbitration from a contractor’s perspective.
Wijerathna et al. (Wed,) studied this question.
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