Chern on Dispute Boards

by Chern, Cyril

• ISBN13: 9780470670330
• ISBN10: 0470670339
• Edition: 2nd
• Format: Hardcover
• Copyright: 2011-11-07
• Publisher: Wiley

Summary

Dispute boards were first introduced a little over 20 years ago. Since then close to USD$130 billion worldwide has been spent on construction projects that have used dispute boards. Of these, 98 per cent were constructed without any court battles and of the remaining 2 per cent, the dispute board decisions were upheld by either arbitration and/or the court: a truly impressive record. Yet very little is known about what dispute boards are and how they operate. This book provides the knowledge necessary for those actively involved in dispute board work as well as for those who need to learn the process. Important features of the book include: "     analysis of the differences between dispute adjudication boards, dispute resolution boards and combined dispute boards; "     in-depth discussion of both the existing and historical international case law on dispute boards, including its history under the UK common law, European civil law and Islamic Sharia law; "     analysis of the differences between the various major standard forms of dispute board rules ; FIDIC, International Chamber of Commerce (ICC) and Dispute Board Federation (DBF) ; along with sample wording to add to or modify these forms as needed; "     analysis of how referrals are made to dispute boards and sample forms.; "     an in-depth discussion of the ethical requirements relating to dispute board members; "     comparison of board selection techniques with guidelines for implementation and recommendations for the parties; "     sample forms for use in establishing a dispute board; "     discussion of site visits, how they should be conducted and sample forms; "     general forms for use in operating a dispute board, form agendas, form reports and their use; "     how to use a dispute board as a sounding board for grievances; "     in-depth discussion of how to write a decision or recommendation with examples of actual dispute board decisions and recommendations; "     disclosure forms, questionnaires for potential board members, and comparison of board member agreements and sample forms; "     a discussion of how to effectively use witnesses and the preparation and presentation of witness statements in dispute board hearings; "     forms of notice and procedural rules governing the operation of dispute boards; "     international case studies with claims, responses and decisions; "     enforcement of dispute board decisions; "     analysis of situations requiring the removal of dispute board members and form agreements for their removal; "     discussion of the use of dispute boards in areas other than construction.

Author Biography

Dr Chern is a Barrister practising at Crown Office Chambers, London. Additionally he is a Chartered Architect, Fellow of the Chartered Institute of Arbitrators, Fellow of the Dispute Board Federation, Chartered Arbitrator, Accredited Mediator and Adjudicator and holds the degrees of BArch (Honours) in Architecture and Engineering and Juris Doctor. He has practised since 1972 specifically in the areas of engineering and construction disputes in the United Kingdom, the EU and internationally. As an adjudicator he is on numerous appointing bodies including the FIDIC President's List of Approved Adjudicators, The Dispute Board Federation (Geneva) Panel of Approved Dispute Board Members, and the Institution of Civil Engineers (ICE) Dispute Board panel. He has extensive experience in civil and structural engineering design issues, supervision of construction, contract management, construction insurance, arbitration, mediation, adjudication and other methods of dispute resolution. He has had over 580 engineering construction dispute references and has served on over 100 dispute boards in that time, acting as chairman on most occasions. He has over 40 years' experience in arbitration, mediation and adjudication and has handled complex international commercial and construction matters in over 20 countries worldwide located in North and South America, Europe, the Middle East, China, and Africa.
Dr Chern is a member of various panels, groups and committees both in the United Kingdom and abroad including the FIDIC Adjudicators Assessment Panel and the Dispute Board Federation Advisory Panel, the Royal Institution of Chartered Surveyors (RICS) Dispute Resolution Committee, the Association Suisse de L'Arbitrage, the Civil Mediation Committee, the Society of Construction Arbitrators, and the Association of Consulting Engineers, and he is a Fellow of the Centre for International Legal Studies in Austria, Fellow of the Dispute Board Federation (Geneva) and its Secretary,  and a sustaining member of the Dispute Resolution Board Foundation in the United States. Additionally he is a dispute board trainer for both the FIDIC, the DBF, RICS, and International Chamber of Commerce (ICC) rules and procedures.
In addition to this book, Dr Chern is the author of a large number of papers and articles on dispute boards, construction disputes, and mediation and is the author of International Commercial Mediation and The Law Of Construction Disputes both published by Informa Publishing London. Additionally he is the co-author and subject editor for Emden's Construction Law: ADR and Dispute Boards published by LexisNexis Butterworths, London.

Table of Contents

The Author	p. xvi
Preface	p. xvii
Acknowledgements	p. xix
The Dispute Board Concept	p. 1
Types of Dispute Boards	p. 25
Legal Basis for Dispute Boards	p. 31
Case Histories	p. 70
Appointing and Establishing a Dispute Board	p. 79
Selection of a Dispute Board	p. 108
Referral to a Dispute Board	p. 155
Elements of a Referral	p. 168
Site Visits	p. 187
The Hearing Process	p. 213
Board Member Conflicts	p. 254
Removal of Board Members	p. 269
Dispute Boards - Use, Training and Current Practice	p. 276
Development Banks	p. 289
Additional Forms	p. 301
FIDIC (Red Book) Conditions of Contract for Construction	p. 332
FIDIC (Yellow Book) Conditions of Contract for Plant and Design-Build	p. 343
FIDIC (Silver Book) Conditions of Contract for EPC Turnkey Projects	p. 353
FIDIC (Gold Book) Conditions of Contract for Design, Build and Operate Projects	p. 363
Dispute Board Rules of the International Chamber of Commerce	p. 375
Sample Oaths and Affi rmations	p. 393
The Dispute Board Federation Dispute Adjudication Board Ad Hoc Rules for Use in Independently Administered Dispute Board Matters	p. 395
Resources	p. 406
Table of Cases	p. 407
Index	p. 409
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