Chern on Dispute Boards: Practice and Procedure

Description

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 boardsin-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 Shari'ah lawanalysis 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 memberscomparison of board selection techniques with guidelines for implementation and recommendations for the partiessample forms for use in establishing a dispute boarddiscussion of site visits, how they should be conducted and sample formsgeneral forms for use in operating a dispute board, form agendas, form reports and their usehow to use a dispute board as a sounding board for grievancesin depth discussion of how to write a decision or recommendation with examples of actual dispute board decisions and recommendationsdisclosure forms, questionnaires for potential board members, and comparison of board member agreements and sample formsa discussion of how to effectively use witnesses and the preparation and presentation of witness statements in dispute board hearingsforms of notice and procedural rules governing the operation of dispute boardsinternational case studies with claims, responses and decisionsanalysis of situations requiring the removal of dispute board members and form agreements for their removaldiscussion of the use of dispute boards in areas other than construction. Content: Chapter 1 The Dispute Board Concept (pages 1–21): Chapter 2 Types of Dispute Boards (pages 22–27): Chapter 3 Legal Basis for Dispute Boards (pages 28–55): Chapter 4 Case Histories (pages 56–64): Chapter 5 Appointing and Establishing a Dispute Board (pages 65–91): Chapter 6 Selection of a Dispute Board (pages 92–131): Chapter 7 Referral to a Dispute Board (pages 132–143): Chapter 8 Elements of a Referral (pages 144–159): Chapter 9 Site Visits (pages 160–184): Chapter 10 The Hearing Process (pages 185–222): Chapter 11 Board Member Conflicts (pages 223–238): Chapter 12 Removal of Board Members (pages 239–245): Chapter 13 Dispute Boards?Use, Training and Current Practice (pages 246–259): Chapter 14 Development Banks (pages 260–270): Chapter 15 Additional Forms (pages 271–299):