| Description |
1 online resource (xxiv, 737 pages) |
| Series |
Construction practice series |
|
Construction practice series.
|
| Contents |
Cover; Half Title; Title; Copyright; PREFACE; ACKNOWLEDGEMENTS; DETAILED CONTENTS; Table of cases; Table of statutes; CHAPTER 1: THE DISPUTE BOARD CONCEPT; Mediation; Arbitration; Litigation; Dispute board; What is a dispute board?; What makes a dispute board unique? What can be achieved by using a dispute board?; Recommendations versus binding decisions; Non-binding recommendations; Interim-binding decisions; Differences between dispute boards and arbitration, mediation, adjudication and alternative dispute resolution (ADR); Dispute board history; The World Bank |
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Harmonised contract conditionsGrowth of dispute boards; An overview -- composition of dispute boards and their operation; The chairperson's role; Appointment and membership; Board member qualities; The importance of early appointment and of regular site visits; Routine operations; Subcontractors; FIDIC Conditions of Subcontract for Construction; Subcontractor claims to the DAB; Formal versus informal operations; Hearings; Dispute board procedures; Dispute board costs; Why dispute boards work; Why dispute boards are claimed not to work; International aspects; The future |
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CHAPTER 2: TYPES OF DISPUTE BOARDSThe dispute review board (DRB); The dispute adjudication board (DAB); The combined dispute board (CDB); Common aspects of all dispute boards; Dispute board formation; Other forms of boards dealing with disputes; Dispute advisory board; Dispute mediation board; CHAPTER 3: LEGAL BASIS FOR DISPUTE BOARDS; Legal systems -- overview; Common law; Civil law; Differences between common and civil law; Civil law countries; The historical development of dispute boards; Contemporary legal development of dispute boards; The engineer/arbitrator as judge |
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The engineer as quasi-arbitratorThe development of non-statutory adjudication; The development of statutory adjudication in the UK; Mandatory provisions; The process under the Act; The Scheme for construction contracts; The Act -- main areas -- is there a dispute?; Does the dispute arise under a construction contract?; Is the contract in writing within the meaning of Section 107?; The process; Procedures under the Scheme; Notice of adjudication; Appointment of an adjudicator; The referral notice; Adjudicator's powers and duties; Changes to the Housing Grants Act |
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Adjudication and dispute boards in EnglandExtension to international cases; Specific regional non-common law country differences and methods; Germany; France; Sharia -- Islamic law; Host country rules -- dispute boards under common, civil or Sharia law; CHAPTER 4: CASE HISTORIES; Dispute boards in operation; Historical cases; China: Ertan Hydroelectric Project; Africa: Katse Dam Project; Hong Kong: Hong Kong Airport; England: Docklands Railway; England: Saltend Private Power Plant; Canada: Niagara Tunnel Project; China: Yellow River Diversion Project |
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USA: I-15 Reconstruction -- Salt Lake City, Utah |
| Summary |
Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari'ah law. Excelling in describing the ""how and why"", this book also gives samples and/or forms of actual working dispute boards that any practitioner could |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Vendor-supplied metadata |
| Subject |
Construction industry -- Law and legislation -- United States
|
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Construction contracts -- United States
|
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Dispute resolution (Law) -- United States
|
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LAW -- Military.
|
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Construction contracts
|
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Construction industry -- Law and legislation
|
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Dispute resolution (Law)
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United States
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Verenigde Staten.
|
| Form |
Electronic book
|
| ISBN |
9781317630708 |
|
131763070X |
|
9781315756615 |
|
1315756617 |
|
9780429023224 |
|
0429023227 |
|
9780429662881 |
|
0429662882 |
|
9780429665608 |
|
0429665601 |
|
9780429660160 |
|
0429660162 |
|
9781317630692 |
|
1317630696 |
|
9781317630685 |
|
1317630688 |
|
