Explaining Delays in Construction Arbitration: A Process-Control Model Approach

Abstract

Persistent delays remain a major concern to many users of construction arbitration. Despite concerted attempts to identify the causes, the existing literature has made little effort toward explaining why these delays occur. The aim of this paper is to report on the findings of a qualitative case study undertaken to explain the causes of these delays based on the control model of procedural justice. Relying on documentary analysis and 13 in-depth semistructured interviews of participants in five cases, findings suggest that all the cases experienced delays. These delays were attributed to the tribunals’ failure to streamline proceedings when process control was skewed in favor of one party. The research contributes to knowledge by extending the application of the process-control model of procedural justice from its earlier application in explaining outcomes in decision-making contexts to its use in explaining the causes of delays in construction arbitration. These findings provide a more nuanced understanding of the causes and form the basis upon which measures aimed at minimizing these delays are proposed.