Chern on Dispute Boards

Cyril Chern 지음

Wiley-Blackwell 2008년 04월 30일 출간

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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 Shar#299;-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

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 Role.Appointment and membership.Board Member Qualities.The importance of early appointment and of regular site visits.Routine operations.Sub-Contractors.Informal operations.Hearings.Dispute Board procedures.Dispute Review Board costs.Why Dispute Resolution Boards work.International Aspects.The 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.P

"Chern's book provides an extremely practical guide, covering not only an introduction to the process but also providing check lists and sample documentation.... This book will be welcome by practitioners in the area and newcomers to the dispute board process." (The International Journal of Arbitration, Mediation and Dispute Management, November 2009)'This 360 page book will provide a very useful, perhaps essential, guide to parties commissioning large capital construction projects, those advising them and those bidding to carry out such works, and importantly, the project funders." (The Expert Dispute Resolver)

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저자(글) Cyril Chern

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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.

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