Chern on Dispute Boards : Practice and Procedure
Cyril. Chern
Bok Engelsk 2008 · Electronic books.
Utgitt | Chicester : : Wiley, , 2008.
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Omfang | 1 online resource (394 p.)
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Opplysninger | Description based upon print version of record.. - Chern on Dispute Boards Practice and Procedure; Contents; The Author; Preface; Acknowledgements; 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 alternative dispute resolution (ADR); History of dispute boards; The World Bank; Harmonised contract conditions; Growth of dispute boards; An overview - composition of dispute review boards and their operation. - Chapter 3 Legal Basis for Dispute BoardsLegal systems - overview; Common law; Civil law; 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; Sharia - Islamic law; Dispute boards under common, civil or Sharia law; Chapter 4 Case Histories; Dispute boards in operation; Historical cases. - China: Ertan Hydroelectric ProjectAfrica: Katse Dam Project; Hong Kong: Hong Kong Airport; England: Docklands Railway; England: Saltend Private Power Plant; Canada: Niagara Tunnel Project; China: Yellow River Diversion Project; USA: I-15 Reconstruction - Salt Lake City, Utah; France-England: Eurotunnel; Chapter 5 Appointing and Establishing a Dispute Board; Composition of dispute boards; 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. - Independence. - The FIDIC contractsThe multilateral development banks; The International Chamber of Commerce; The American Arbitration Association Rules; Custom format; Sample 5.1 Dispute adjudication board rules for use in independently administered dispute board matters; Basic standards; Dispute review board guidelines in practice; Sample 5.2 Dispute review board - additional dispute review board guidelines and procedures; Sample 5.3 Dispute adjudication board - additional dispute adjudication board guidelines and procedures; Chapter 6 Selection of a Dispute Board; Qualifications; Good people skills. - The chairperson's roleAppointment and membership; Board member qualities; The importance of early appointment and of regular site visits; Routine operations; Subcontractors; Informal operations; Hearings; Dispute board procedures; Dispute review board costs; Why dispute review boards work; International aspects; The future; Chapter 2 Types of Dispute Boards; The dispute review board (DRB); The dispute adjudication board (DAB); The combined dispute board (CDB); Dispute board formation; Other forms of board dealing with disputes; Dispute advisory board; Dispute mediation board. - 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 p
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ISBN | 140517062X. - 9781405170628
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