Dispute Review Board: Concept and introduction to develeoping countries (original) (raw)
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The viability of implementing dispute board in Malaysia
2011 IEEE Symposium on Business, Engineering and Industrial Applications (ISBEIA), 2011
This paper is performed mainly to introduce Dispute Board (DB) as the one of the many Alternative Dispute Resolutions (ADRs) to be applied into the Malaysian construction industry to reduce and minimize the amount of disputes. This research is carried out by interviewing nine respondents which consist of registered Quantity Surveyors. Litigation and arbitration has been widely applied in Malaysia for dispute settlement. Both methods, however, do become more tedious and arduous processes to go through to resolve disputes. Mediation, on the other hand, has been a new alternative for dispute settlement in the Malaysian construction industry. Nevertheless, arbitration and mediation have not yet made a big impact in the numbers of disputes arising in the Malaysian construction industry. Therefore, this paper unveils the viability of implementing Dispute Board as a better and more efficient method of ADR that is determined in the outset of the project. Dispute Board is able to reduce the amount of disputes arising in the Malaysian construction industry.
2012
The current dispute resolution procedures available in the Malaysian construction industry are mainly litigation and arbitration. In addition, the alternative dispute resolutions (ADR), namely mediation and adjudication, have also been introduced as the other methods for resolving disputes. The objective of this study is to examine the current practice of dispute resolution and ADR available in the Malaysian construction industry. The aim of this paper is two-fold: to report the current practice of dispute resolution and ADR, and identify the attributes of successful implementation of both mechanisms based on the perceptions of the Malaysian construction industry players. From the jurisprudence point of view, this study looks into the law as it is, in relation to the current practice of dispute resolution and ADR, by showing how those findings can be used to explain why improvement is needed to promote a successful and well received dispute resolution and ADR, and what lessons can be learnt, towards the formulation of a more viable methods for the Malaysian construction industry. NVivo software has been used to manage and organise the complete interview transcripts and facilitate the data analysis process for this study. Literature review reveals a continuous development of dispute resolution and ADR in the Malaysian construction industry, while, globally the industry has not only embraced ADR but also spearheaded the development of innovative forms of dispute avoidance mechanism. The findings of interviews show that locally, apart from litigation, the common types of ADR are arbitration, mediation and ad hoc mechanism. The findings also lead to the discovery of the following attributes: faster, less procedural, cost effective and enforceable; regulation and government's support; professionalism and ethic; training; and facility, that may promote a successful implementation of dispute resolution and ADR in Malaysia.
A Mechanism for Dispute Resolution in the Iranian Construction Industry
Journal of Construction in Developing Countries, 2021
If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts who were selected via purposive sampling method. We used MAXQDA software to manage and organise complete interview transcripts and facilitate the qualitative data analysis process. The proposed mechanism and guidance were finally validated using the survey questionnaire. Negotiation has equal potential for dispute resolution with different sources, and it is recommended as the first step in disp...
Critical factors affecting the use of alternative dispute resolution processes in construction
International Journal of Project Management, 1999
The use of Alternative Dispute Resolution (ADR) techniques in construction have gained great momentum in the public sector during recent years in Hong Kong. The Hong Kong Government has initiated the inclusion of ADR methods as an integral part of the dispute resolution procedure in the standard forms of contracts for use in Government projects. However, the use of ADR in the private sector has not been apparent, probably due to lack of experience and knowledge. This paper discusses the philosophies behind ADR and reports on an evaluative study on the critical attributes of ADR techniques. Two evaluation methods, scale rating and percentage rating, were employed to establish attribute importance rankings through soliciting views from practitioners with ADR experience. The attributes were then grouped into factors as extracted from Factor Analysis. The rankings of the factors so obtained from the two evaluative methods match well. The study reveals that users of dispute resolution processes are pragmatic and consider obtaining benefits as the most critical factor affecting the use of ADR in the construction industry in Hong Kong. Such benefits include cost minimisation and relationship preservation. It is also suggested that if ADR is to sustain its growth in use, these processes must facilitate a speedy resolution.
Identifying barriers to the establishment of dispute boards in UK construction
2008
The process of dispute resolution is constantly evolving and the UK Construction industry continues to develop methods of alternative dispute resolution, particularly methods which may prevent disputes from occurring. One such method is the Dispute Board, which is a panel appointed at the beginning of a contract to advise the parties of situations where disputes are likely to arise and how to avoid them. Dispute Boards have been popular in the U.S.A for several years, which leads one to question why they have been little used in the U.K. A Delphi Survey was conducted amongst Construction Professionals, Lawyers, Arbitrators / Adjudicators and Clients in order to identify the barriers to Dispute Boards becoming an established method of alternative dispute resolution in the UK Construction Industry. The results show that barriers to the incorporation of Dispute Boards in the UK Construction Industry include poor attitudes towards new methods, the presence of adjudication, the lack of k...
Problematic issues in litigation are evidenced by thousands of cases backlog in the Malaysian courts. One of the recommended solutions is active utilisation of private dispute resolution. However, preliminary research conducted indicates that the private dispute resolution is not widely accepted. Thus, this research tends to investigate the reasons behind. The methodology of this research is mixed methods of quantitative and qualitative. Empirical data for quantitative research was collected via cross sectional survey and qualitative research was gathered via in depth semi-structured interviews. Out of 1000 sampling frame of G7 contractors in Malaysia only 231 responses were received and analysed quantitatively and 30 interviews were conducted consists of 18 experienced in arbitration and 12 experienced in mediation. Verbatim data was recorded, interview transcriptions were reverted back to the respondents and analyses of qualitative data were performed via qualitative software. Critical issues were addressed in the analyses and recommendation to further utilise and enhance private dispute resolution has been made. Consequently, a framework to further utilise and improve private dispute resolution in the Malaysian construction industry was proposed and validated by 18 construction professionals, construction law experts and representatives from government agencies. The result observed that active supports from various agencies are crucial and dispute resolution should be simple in order to ensure active utilisation in the Malaysian construction industry.
Sixth International Conference on Advances in Civil, Structural and Environmental Engineering - ACSEE 2017, 2017
this paper gives an understanding into the variables which affect upon the determination of dispute resolution strategies on a public projects in the construction industry in Gauteng Province of South Africa. The accompanying elements are utilized, for example, cost, speed, result, enforceability, protection and classification, open and reasonableness, control, adaptability inventive cures and connections. The dispute review board will be compared with alternative dispute resolution methods to demonstrate the differences and the impact it has on construction performance, primarily time, cost and quality. The Survey questionnaire were used to justify the relative importance of these factors in the selection of dispute resolution methods is examined and through one-on-one interviews, the efficiency of the current alternative dispute resolution methods operating in Gauteng construction industry is compared with the efficiency of the dispute review board. Concerns with respect to the utilization of DRB emerging from high costs, absence of confidence in the board's capacity to accomplish characteristics of non-partisanship and fairness in the determination of wide individuals and additionally the general state of mind of protection from change in the exceedingly ill-disposed culture of the development business will be talked about. Negotiation is as yet the favoured strategy for dispute resolution in construction industry Gauteng province.
Disputes are common in construction projects because of the complexity of the construction process and the imperfect of the design and moreover, it takes so many individuals and companies to construct a project. Dispute also occur through accidents (Injury), mismanagement, human error, disagreement or lack of communication. Dispute affect the cash flows of the company and also affects relationships between parties. This paper investigated the construction stakeholder's perception on alternative dispute resolution in the construction industry of Swaziland. The data used in this study were derived from both primary and secondary sources. The secondary data for the study were derived from the review of literature. The primary data were obtained through the use of a structured questionnaire which was distributed to client (government), contractor, subcontractor and consultant representatives (quantity surveyor, civil engineer, architects, project managers and mechanical and electrical engineers); only organizations registered with the ministry of public works and transport in Swaziland and other professional bodies were surveyed. A total of 90 questionnaires were distributed, while only 63 were received back which represent a response rate of 70%, these data formed the basis of this study. Frequency analyze and various statistics procedures were used to analyze the returned questionnaire data. Findings enacting from the survey revealed that the best mechanism of alternative dispute resolution in the Swaziland construction industry were arbitration, negotiation, mediation and dispute resolution that can be used to resolve construction dispute promptly. Litigation, adjudication and conciliation were not the best mechanism as per the opinion from the respondent. In-terms of effective and efficient dispute mechanism used to resolve dispute in construction project in Swaziland it was arbitration, dispute resolution boards, litigation, mediation and adjudication. The results of this study contribute to the body of knowledge and provides valuable insight to the knowledge the respondent had about the alternative dispute resolution mechanism. The study recommends that every stakeholder in the Swaziland construction industry familiarize themselves with the alternative dispute resolution available to resolve construction dispute promptly and cost efficient
Alternative dispute resolution methods (ADR) were developed in the construction industry to acquire suitable solutions. These methods are classified based on the role of the third party (neutral). Third-parties can play multiple roles in the ADR process including a facilitative, advisory, determinative or combined. The authorities of the third-party in the types of ADR techniques are different. Despite the importance of a third party in the ADR process, previous studies are not clearly identified factors for selecting them. The purpose of this research is to provide critical factors for neutral to support ADR methods in the construction industry. This research also, highlights the role of neutral in common ADR techniques. Random sampling was used for quantitative data collection. Of the 200 experts invited to fill in the questionnaire, 112 experts participated. To provide critical factors the factor analysis was used. The research found four critical factors for selecting supporting ADR neutrals in construction including; familiarity with legal and technical issues, being accepted by parties, efficiency and fairness. It can be concluded that selecting neutral party using the critical factors is efficient because the selection of a third-party in ADR is based on many variables is very difficult.
2017
Construction projects are increasingly complex, resulting in complex contract documents. Complex construction can likewise result in complex claims and disputes. Disputes have become an endemic feature of the Indian construction industry. If they are not resolved promptly they can escalate causing schedule delays, lead to claims that require litigation proceedings for resolution and destroy business relationships. The competitive nature and contractual complexity inherent within construction can aggravate the incidence of disputes. Research over the last two decades has revealed that factors such as scope changes, poor contract documentation, restricted access, unforeseen ground conditions, and contractual ambiguities are contributors of disputes. This study provides an insight into the factors which impact upon the selection of dispute resolution methods for construction in the Indian industry. The 12 factors used Bindingness, Economy, Confidentiality, Control, Remedy, Enforceabili...