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Arbitration Practice In Construction Contracts


Arbitration Practice In Construction Contracts
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Arbitration Practice In Construction Contracts


Arbitration Practice In Construction Contracts
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Author : D.A. Stephenson
language : en
Publisher: Taylor & Francis
Release Date : 2003-09-02

Arbitration Practice In Construction Contracts written by D.A. Stephenson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-02 with Architecture categories.


Considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when.



Arbitration Practice In Construction Contracts


Arbitration Practice In Construction Contracts
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Author : Douglas S. Stephenson
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-30

Arbitration Practice In Construction Contracts written by Douglas S. Stephenson and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-30 with Technology & Engineering categories.


Since it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way. In doing so it has generated a modest volume of case law that has demonstrated the excellence of the Act's provisions and its drafting. Since the Fourth Edition of this book appeared in 1997 the Housing Grants, Construction and Regeneration Act 1996 with its Scheme for Construction Contracts Regulations 1998 have come into force, as have the Civil Procedure Rules 1998, both of which affect the resolution of disputes arising from construction contracts. Case law has arisen from the Construction Act, and from the House of Lords' judgment in the Beaufort Developments case, overturning the much-criticised judgment of the Court of Appeal in Crouch. In this Fifth Edition of an established text the author deals with each stage of an arbitration, explaining in practical terms the procedures to be adopted in avoiding disputes and in dealing with them efficiently when they do arise. It features over 20 specimen arbitration documents and includes the full text of the Act. It also covers several important developments in case law affecting construction arbitrations, and refers to the introduction and case law arising from adjudication under the Housing Grants, Construction and Regeneration Act 1996.



Arbitration Practice In Construction Contracts


Arbitration Practice In Construction Contracts
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Author : Douglas Stephenson
language : en
Publisher: Wiley-Blackwell
Release Date : 1997-12-23

Arbitration Practice In Construction Contracts written by Douglas Stephenson and has been published by Wiley-Blackwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-12-23 with Technology & Engineering categories.


Provides a clear, straightforward introduction to construction arbitrations and covers arbitration agreements, the powers and appointment of the arbitrator, preliminaries, evidence, the hearing, the award, costs and enforcing or appealing the award. The book includes the full text of the Arbitration Act 1996.



Arbitration Practice In Construction Contracts


Arbitration Practice In Construction Contracts
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Author : Douglas S. Stephenson
language : en
Publisher: Wiley-Blackwell
Release Date : 2001-03-30

Arbitration Practice In Construction Contracts written by Douglas S. Stephenson and has been published by Wiley-Blackwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-30 with Technology & Engineering categories.


Since it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way. In doing so it has generated a modest volume of case law that has demonstrated the excellence of the Act's provisions and its drafting. Since the Fourth Edition of this book appeared in 1997 the Housing Grants, Construction and Regeneration Act 1996 with its Scheme for Construction Contracts Regulations 1998 have come into force, as have the Civil Procedure Rules 1998, both of which affect the resolution of disputes arising from construction contracts. Case law has arisen from the Construction Act, and from the House of Lords' judgment in the Beaufort Developments case, overturning the much-criticised judgment of the Court of Appeal in Crouch. In this Fifth Edition of an established text the author deals with each stage of an arbitration, explaining in practical terms the procedures to be adopted in avoiding disputes and in dealing with them efficiently when they do arise. It features over 20 specimen arbitration documents and includes the full text of the Act. It also covers several important developments in case law affecting construction arbitrations, and refers to the introduction and case law arising from adjudication under the Housing Grants, Construction and Regeneration Act 1996.



International Construction Arbitration Law


International Construction Arbitration Law
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Author : Jane Jenkins
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-02-10

International Construction Arbitration Law written by Jane Jenkins and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-10 with Law categories.


Arbitration in Context Series Volume 1 There is probably no area of activity more in need of reliable dispute resolution procedures than construction projects, especially if more than one jurisdiction is involved. The third edition of this eminently practical guide greatly facilitates the process for all parties concerned. The text, updated to include the latest edition of arbitral rules and introducing the Prague Rules, considers the full range of available dispute resolution methods, including mediation, conciliation and determination by dispute review boards, before focusing specifically on arbitration. The book then looks in detail at all aspects of arbitration, from commencement of proceedings, selection of the tribunal, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing, the effect of the award, challenges to it and its enforcement. The third edition addresses fresh thinking on MedArb, guidance on preparation for and conduct of virtual hearings in the wake of COVID-19, technological advances to assist collection and presentation of evidence, litigation funding and includes a new chapter on the role of arbitration in tender disputes. Specific valuable features include the following: guidance on the drafting of dispute resolution provisions designed to minimise disputes and facilitate their swift resolution; flowcharts to illustrate the stages in dispute procedures and arbitration; a comparison between common law and civil law approaches to key concepts; details of the key features of a construction contract, common standard forms and procurement structures; expert guidance on effective contract administration; step-by-step advice on the conduct of a construction arbitration to maximise efficiency; and coverage of particular issues thrown up by complex construction disputes which differentiate them from other commercial disputes, with guidelines on how to approach such issues in the presentation before a tribunal. As an easy-to-use resource for both general counsel and the lawyers in private practice, this book has no peers. It has proved to be of particular value to commercial contract negotiators and corporate counsel who may have many years of experience but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution.



Dispute Resolution In The Construction Industry


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 Construction industry categories.


"The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved



Construction Arbitration And Alternative Dispute Resolution


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.



Decision Making In International Construction Arbitration


Decision Making In International Construction Arbitration
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Author : Haytham Besaiso
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-03

Decision Making In International Construction Arbitration written by Haytham Besaiso and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-03 with Law categories.


This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author’s research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties’ contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties’ claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators’ background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.



Multi Party And Multi Contract Arbitration In The Construction Industry


Multi Party And Multi Contract Arbitration In The Construction Industry
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Author : Dimitar Kondev
language : en
Publisher: John Wiley & Sons
Release Date : 2017-04-17

Multi Party And Multi Contract Arbitration In The Construction Industry written by Dimitar Kondev and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-17 with Law categories.


Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.



Resolving Construction Disputes


Resolving Construction Disputes
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Author : Diana Holtham
language : en
Publisher: Chartridge Books Oxford
Release Date : 1999

Resolving Construction Disputes written by Diana Holtham and has been published by Chartridge Books Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Technology & Engineering categories.


Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication