Arbitration as a Dispute Resolution Technique in Construction Projects
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Date
2015
Authors
Mohammed F. Jarrar
Laith M. Al-Ghoul
Mohammed Shalabi
Ameer Zeidan
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Abstract
Arbitration is the dispute resolution of two-contracted-parties in an engineering project. Its importance lays on recognizing the methods by which dispute is resolved and the procedure it goes through. It is known that court is the empowered hand in resolving disputes, but when it comes to engineering projects, compromises and settles are done by Dispute Adjudication Board (DAB). In addition to that, it takes a very important role where disputes arise, which is very often in engineering projects. Moreover, it takes less offer, time and money than pleading the case to the court. This project aims to cover very important aspects of engineering arbitration and dispute resolution. Also, this project is going to cover the local and regional laws and procedures used to resolve disputes, and those will be compared to the FIDIC and international methods. Plus, this project will bring up some real case studies from our own environment. While this project covers the international methods as well as the local and regional ones, and with the help of the case studies, claim reports will be studied through the method they went through, and will be compared to the FIDIC as well as to the followed methods in the country. This will be done to come up with recommendations and conclusions To Whom It May Concern on preferred method to follow with fewer losses. This project will help researches and student to understand and read more about arbitration and dispute resolution process, methods and procedures. In the first part of this project, FIDIC and local and regional procedures and laws will be researched and studied. A comparison between all of them will be done. In the second part of it, real case studies from the market and the court, claim reports will undergo our study along with the laws and procedures they went through, and a comparison between all of them will be handed in the end of the project. In the second part, we distributed Questioners around Owners, first degree Contractors and Consulting Firms, in order to analyze the state of arbitration in Palestine and to come up with recommendations in order to improve the process of arbitration with the cooperation PIAC and the Palestinian Union of Contractors, and we focused also on the level of training the certified Arbitrators get here in Palestine. We also did a case study, for a Dispute between an owner and a contractor, and we went through the usual dispute resolution methods all the way until the Arbitration, and analyzed each step along the road.