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9781405170628

Chern on Dispute Boards : Practice and Procedure

by
  • ISBN13:

    9781405170628

  • ISBN10:

    140517062X

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2008-01-01
  • Publisher: Wiley-Blackwell
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Summary

This book provides a detailed, practical explanation as to how dispute boards work in construction contracts. Traditional methods of dispute resolution focus on resolving a dispute once it has arisen. In the case of a dispute board, a panel of impartial members is appointed at the outset of the contract with the aim of monitoring its progress, resolving disputes as they arise and providing a forum for discussing difficult matters.Dispute boards are now mandatory in all FIDIC and World Bank contracts, as well as for other development bank funding of infrastructure projects worldwide. They also form part of the ICC contract and are expected to be used on projects relating to the UK Olympic Games.This book will examine the following:How a dispute board worksInsider knowledge of board operationsKey documents to run a dispute boardThe law (worldwide) on the subjectForms of practice and procedureSample documentsIn depth analysis of dispute boards law and practice

Author Biography

Cyril Chern BArch, Juris Doctor, RIBA, AIA, FCIArb is a practising barrister with experience in heavy construction and engineering disputes worldwide. He is a Chartered Architect, a Chartered Arbitrator, accredited mediator and adjudicator and has served on over fifty dispute boards.

Table of Contents

The Author Foreword
The Dispute Board Concept
What is a Dispute Board?
What makes a Dispute Board unique?
What can be achieved by using a Dispute Board?
Non-Binding Recommendations
Interim binding decisions
Differences between Dispute Boards and Arbitration, Mediation, Adjudication and ADR
History of Dispute Boards
The World Bank
Harmonized contract conditions
Growth of Dispute Boards
An Overview - Composition of Dispute Review Boards and Their Operation
The Chairperson's RoleAppointment and membership
Board Member Qualities
The importance of early appointment and of regular site visits
Routine operations
Sub-ContractorsInformal operations
HearingsDispute Board procedures
Dispute Review Board costs
Why Dispute Resolution Boards work
International AspectsThe Future
Type of Dispute Boards
The Dispute Review Board (DRB)
Dispute Board Formation
Other Forms Of Boards Dealing With Disputes
Dispute Advisory Boards
Dispute Mediation Boards
Legal Basis for Dispute Boards
Legal Systems - Overview
Common Law
History
Common Law Countries
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
The Engineer as Quasi-Arbitrator
The Development of Non-Statutory Adjudication
Dispute Boards in England
Extension To International Cases
Specific Regional Differences And Methods
Germany
France
Shari'ah - Islamic Law
History
Enforcement Provisions
Which award is sought to be enforced - Dispute Review or Dispute Adjudication?
Dispute Review Board Decisions
Dispute Adjudication Board Decisions
The Form of the Dispute Board Decision
Particulars as to the Kingdom of Saudi Arabia
Particulars as to the Islamic Republic of Iran
Dispute Boards Under Common, Civil, Or Shari 'ah Law
Case Histories
Dispute Boards in Operation
Historical Cases
China
Ertan Hydroelectric Project
Special factors
Africa
Katse Dam Project
Special factors
Hong Kong
Hong Kong Airport
Special factors
England
Docklands Railway
Special factors
England
Saltend Private Power Plant
Special factors
Canada
Niagara Tunnel Project
China
Yellow River Diversion Project
Major Waterways
Lead Contractors
United States of America
I-15 Reconstruction - Salt Lake City, Utah
France-England
Eurotunnel
Appointing and Establishing a Dispute Board
Single Member Dispute Boards
Two Member Dispute Boards
Three Member Dispute Boards
Mega Member Dispute Boards
Ad-Hoc Dispute Boards
Miscellaneous Situations
The Major Forms of Dispute Board Rules
The FIDIC Contracts
FIDIC Red Book
FIDIC Yellow Book
FIDIC Silver Book
FIDIC Green Book
Points to be considered with the FIDIC Contracts
The Multilateral Development Banks
The International Chamber Of Commerce
The American Arbitration Association Rules
Board Selection
Operating Rules
Different Meeting Requirement
Custom Format
Dispute Adjudication Board Rules for use in Independently Administered Dispute Board matters
Introductory Provisions
Conflicts of Interest
Payment of Dispute Board Members
Procedures Before The Dispute Board
Decisions Of The Dispute Board
General Rules
Basic Standards
Dispute Resolution Board Guidelines in Practise
Sample - Dispute Review Board - Additional Dispute Review Board Guidelines and Procedures
Sample - Dispute Adjudication Board - Additional Dispute Adjudication Board Guidelines and Procedures
Selection of a Dispute Board Qualifications
Good People Skills
Independence
Independence - Guidance as to Avoidance of Bias Provided by Appointing Bodies 105
Impartiality vs. Independence
ICC Rules Disclosure
Disclosure of Conflicts
Sample 1- Disclosure of Conflicts
Additional Qualifications
Understanding Qualifications
Experience Availability Confidentiality
Other Attributes
Where Can Dispute Board Members Be Found?
The process of selection
Party approval
Identifying the Third PersonSelecting the chair
Lawyers as Board Members
After Selection - The Dispute Board Agreement
Form Dispute Adjudication Agreements
Sample - Dispute Adjudication B
Table of Contents provided by Publisher. All Rights Reserved.

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