Title:
Chern on dispute boards
Personal Author:
Publication Information:
Oxford, UK : Blackwell Publishing, 2008
Physical Description:
xiv, 375 p. : ill. ; 25 cm.
ISBN:
9781405170628
Available:*
Library | Item Barcode | Call Number | Material Type | Item Category 1 | Status |
|---|---|---|---|---|---|
Searching... | 30000010183445 | KF902 C46 2007 | Open Access Book | Book | Searching... |
On Order
Summary
Summary
Dispute boards were first introduced almost 20 years ago. Since then close to $100 billion US dollars worldwide has been spent on construction projects that have used dispute boards. Of these, 98% were constructed without any court battles and of the remaining 2%, 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 British common law, European civil law and Muslim Sharī'ah law
analysis of the differences between the various major standard forms of dispute board rules - FIDIC, International Chamber of Commerce and DBFederation - 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
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 Notes
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 |
| Chapter 1 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 |
| Chapter 2 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 |
| Chapter 3 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 |
| Chapter 4 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 |
| Chapter 5 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 |
| 4.0 Conflicts of Interest |
| 11.0 Payment of Dispute Board Members |
| 12.0 Procedures Before The Dispute Board |
| 13.0 Decisions Of The Dispute Board |
| 15.0 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 |
| Chapter 6 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 |
