Construction Arbitration And Alternative Dispute Resolution
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Construction Arbitration And Alternative Dispute Resolution
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Author : Renato Nazzini
language : en
Publisher: Informa Law from Routledge
Release Date : 2024-01-29
Construction Arbitration And Alternative Dispute Resolution written by Renato Nazzini and has been published by Informa Law from Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-29 with Business & Economics categories.
Introduction / Renato Nazzini -- The problem of the law governing the arbitration clause between national rules and transational solutions / Renato Nazzini -- The Singapore Convention on Mediation - its impace on international construction disputes / Shouyu Chong -- The relevance of Artificial Intelligence for construction disputes / Erik Schäfer -- Administering Artificial Intelligence in arbitration / Maud Piers and Christian Aschauer -- The relevance of food faith in transnational construction contracts : a civil law perspective / Olivier Caprasse and Maxime Tecmenne -- Searching for convergence between the common law and civil law traditions on good faith through international arbitration / David Arias and James Doe -- Collaborative dispute resolution / Shy Jackson -- Dispute boards : trends, observations, developments and procedures / Nicholas Gould and Robbie McCrea -- Enforcement of DAB decisions under the FIDIC forms of contract / Taner Dedezade -- Emergency arbitration and the interplay with other pre-arbitral mechanisms / Patricia Shaughnessy -- Adjudication in the United Kingdom : recent developments / James Pickavance -- Statutory construction adjudication in Canada / Duncan W Glaholt -- Statutory adjudication in Singapore / Toh Chen Han -- Adjudication in Australia / Sean Kelly, Julian Bailey and Matthew Bel -- Achmea : from the judgment to the plurilateral agreement, towards the disappearance of ontra-EU bilateral investment protection treaties / Malik Laazouzi -- State immunity and its implications when resolving disputes with - and enforcing outcomes against - states / Michael Cottrell.
Construction Arbitration And Alternative Dispute Resolution
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Author : Renato Nazzini
language : en
Publisher: Taylor & Francis
Release Date : 2021-10-21
Construction Arbitration And Alternative Dispute Resolution written by Renato Nazzini and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Law categories.
This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.
Aaa Handbook On Construction Arbitration And Adr Second Edition
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Author : American Arbitration Association
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2010-10-01
Aaa Handbook On Construction Arbitration And Adr Second Edition written by American Arbitration Association and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-01 with Arbitration and award categories.
Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
The Guide To Construction Arbitration
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Author : Stavros L. Brekoulakis
language : en
Publisher:
Release Date : 2024
The Guide To Construction Arbitration written by Stavros L. Brekoulakis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Construction contracts categories.
Arbitration And Dispute Resolution In The Resources Sector
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Author : Gabriël A. Moens
language : en
Publisher: Springer
Release Date : 2015-05-18
Arbitration And Dispute Resolution In The Resources Sector written by Gabriël A. Moens and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-18 with Law categories.
This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.
Alternative Dispute Resolution In The Construction Industry
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Author : Robert Frank Cushman
language : en
Publisher: Aspen Publishers
Release Date : 1991
Alternative Dispute Resolution In The Construction Industry written by Robert Frank Cushman and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
Construction Conflict Management And Resolution
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Author : P. Fenn
language : en
Publisher: Routledge
Release Date : 2003-09-02
Construction Conflict Management And Resolution written by P. Fenn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-02 with Architecture categories.
This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.
Remedies In Construction Law
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Author : Roger ter Haar
language : en
Publisher: Taylor & Francis
Release Date : 2017-06-14
Remedies In Construction Law written by Roger ter Haar and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-14 with Law categories.
Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
Construction Dispute Research
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Author : Sai On Cheung
language : en
Publisher: Springer
Release Date : 2014-07-08
Construction Dispute Research written by Sai On Cheung and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-08 with Technology & Engineering categories.
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
Dispute Resolution In The Construction Industry
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Author : Nicholas Gould
language : en
Publisher: Thomas Telford
Release Date : 1999
Dispute Resolution In The Construction Industry written by Nicholas Gould and has been published by Thomas Telford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Arbitration and award categories.
This title works its way through the spectrum of dispute resolution techniques, negotiation, mediation and conciliation, expert determination, adjudication, arbitration, litigation and more.