Alternative Streitbeilegung beim Bau von Offshore-Windparks

During the construction of German offshore wind farms, disagreements occur on a daily basis. Parties mostly agree on dispute boards as a conflict resolution mechanism. However, the German wind farm constructors do not only have positive experiences with dispute boards. Very often the parties fail to appoint the dispute board before the commencement of construction even though appointing the adjudicators can take up to one year. Even if a dispute board exists, the parties often refuse to initiate a formal dispute board procedure as it is seen as an unfriendly act. Thus, the dispute board cannot assist the parties in solving their conflicts. The author examines the described phenomena and develops recommendations which are also useful in the construction industry.