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Chern on Dispute Boards. 2nd Edition

  • ID: 2180784
  • Book
  • 448 Pages
  • John Wiley and Sons Ltd
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Dispute boards were first introduced a little over 20 years ago. Since then close to USD$130 billion worldwide has been spent on construction projects that have used dispute boards. Of these, 98 per cent were constructed without any court battles and of the remaining 2 per cent, 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 UK common law, European civil law and Islamic Sharia law;
  • analysis of the differences between the various major standard forms of dispute board rules FIDIC, International Chamber of Commerce (ICC) and Dispute Board Federation (DBF) 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;
  • enforcement of dispute board 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.
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The Author xvi

Preface xvii

Acknowledgements xix

Chapter 1 The Dispute Board Concept 1

Chapter 2 Types of Dispute Boards 25

Chapter 3 Legal Basis for Dispute Boards 31

Chapter 4 Case Histories 70

Chapter 5 Appointing and Establishing a Dispute Board 79

Chapter 6 Selection of a Dispute Board 108

Chapter 7 Referral to a Dispute Board 155

Chapter 8 Elements of a Referral 168

Chapter 9 Site Visits 187

Chapter 10 The Hearing Process 213

Chapter 11 Board Member Conflicts 254

Chapter 12 Removal of Board Members 269

Chapter 13 Dispute Boards Use, Training and Current Practice 276

Chapter 14 Development Banks 289

Chapter 15 Additional Forms 301

Appendix 1 FIDIC (Red Book) Conditions of Contract for Construction 332

Appendix 2 FIDIC (Yellow Book) Conditions of Contract for Plant and Design–Build 343

Appendix 3 FIDIC (Silver Book) Conditions of Contract for EPC Turnkey Projects 353

Appendix 4 FIDIC (Gold Book) Conditions of Contract for Design, Build and Operate Projects 363

Appendix 5 Dispute Board Rules of the International Chamber of Commerce 375

Appendix 6 Sample Oaths and Affi rmations 393

Appendix 7 The Dispute Board Federation Dispute Adjudication Board Ad Hoc Rules for Use in Independently Administered Dispute Board Matters 395

Resources 406

Table of Cases 407

Index 409

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Cyril Chern
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