Dispute prevention, management and resolution: can we do it better?
Authors
Citation
Building journal Hong Kong China, Jul, 2000, pp. 74-80
Abstract
Recent Hong Kong headlines decry the high cost of legal fees. Developers are nervous about unexpected costs, delays and overruns. Contractors worry about nasty surprises, and about getting paid. But everyone can play a part in reducing the incidence, the gravity and the length of construction industry disputes. Arbitration consultant Louise Barrington explores the options available for their prevention, treatment and resolution.
(1) The inevitability of disputes in construction projects: Myth or Reality?
(2) Prevention and treatment of disputes
(a) Clarity: say what you mean and mean what you say
(b) A balanced agreement
(c) Put it in writing!
(d) Partnering
(e) Mediation / conciliation
(f) Mini-trial
(g) DRAs and DRBs: dispute resolution advisors and boards
(h) Non-binding expertise
(i) Litigation
(j) Adjudication
(k) Arbitration
(3) Why arbitration is popular
(4) The New York Convention on the Recognition and Enforcement of International Arbitration Awards of 1958
(5) Basics: What to consider when you've decided to use arbitration
(a) How?
(b) Who?
(c) Where?
(d) When?
(6) Other considerations
(7) Coming full circle…
Description
Subject
Type
Article
Format
Date
2000
Language
en