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Dispute Avoidance in Practice
dispute avoidance in practice or how to stop a simple problem spiraling from a breeze to a whirlwind Prologue:Iam going to start this article with a true-life story. Two Parties had entered into a construction contract with no provision for a Punch List Procedure1. The Employer’s lawyers attempted to make this good by writing a […]
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Understanding Mediation: Two sides to every story
Understanding Mediation: Two sides to every story The construction industry is often said to be confrontational and litigious. It is certainly a fertile breeding ground for disputes and these can arise from uncertainties in the inception, design, procurement and construction of projects. The cost of resolving such disputes could arguably be put to better use […]
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The Concept of Dispute Avoidance
The Concept of Dispute Avoidance Disputes are costly. On average 50% of the legal costs borne by the construction industry are related to disputes and roughly 10% of projects 10% of the total costs were legal costs. If a dispute proceeds to international arbitration, under the ICC process a 10m dispute will cost about $300,000 […]
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Counting The Cost
Counting The Cost Litigation has always been expensive but the signs are that it is becoming increasingly so. A survey conducted by the US Chamber Institute for Legal Reform and others1 showed that costs were increasing at a faster rate than increases in hourly rates. In the UK cost budgeting introduced by the Jackson Reforms […]
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Everybody Has Won and All Must Have Prizes
Everybody Has Won and All Must Have Prizes Adjudication has been hailed as a great success: it has certainly taken pressure off the courts and compared to litigation and arbitration it has provided, at least in theory, a quick and cheap way for the construction industry to have disputes resolved. But as adjudication has evolved […]
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Putting Your Money Where Your Mouth Is
“Putting Your Money Where Your Mouth Is” or “Practising What You Preach”: The Funding (or not) of Dispute Boards by the International Funding Banks FIDIC contracts are unique because they are the only international standard form suite of contracts to promote dispute avoidance. The vehicle for this is the Dispute Adjudication Board (DAB) and the […]
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The Expert Witness in Adjudication
The Expert Witness in Adjudication When introduced in 1998, adjudication was intended to be a quick and cheap method of dispute resolution to help cash strapped contractors and subcontractors avoid insolvency. Since then, because domestic adjudication is the subject of a good deal of case law, the process has become increasingly legalistic and its popularity […]
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The Sun in a Box – The ITER Dispute Board
The Sun in a Box – The ITER Dispute Board The Structure of Dispute Boards A dispute board is a tribunal of experts that is independent, impartial, proactive and judicial. The real success of DBs is the way they can proactively assist the parties in avoiding disputes, saving the time and cost of arbitration or […]