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    Role of Construction Project Documentation for Effective Arbitration Process

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 002::page 04521006-1
    Author:
    Farrukh Arif
    ,
    Faiza Saeed
    DOI: 10.1061/(ASCE)LA.1943-4170.0000466
    Publisher: ASCE
    Abstract: Among various alternate dispute resolution (ADR) mechanisms, arbitration is one that offers several advantages such as the freedom to select a judge who better understands technicalities of construction; consequently, it also saves time and cost compared with the regular court proceedings. This study focuses on current practices, effectiveness of the process and the role of project documentation in the effectiveness of arbitration. Data was collected from clients, contractors, and arbitrators, which show that arbitration is not a very effective option of dispute resolution in Pakistan due to several reasons, such as the stakeholders’ low level of satisfaction with the process, bottlenecks, nonsupportive behavior of parties, time consumption, and being a costly mechanism. These causes along with its effects are illustrated in this study through an Ishikawa (fishbone) diagram. The results of key project documents were integrated using analytic hierarchy process (AHP). This study provides awareness of process and highlight areas for further investigation by identifying reasons for low effectiveness of the arbitration process in local industry. The importance of prioritization of project documentation will facilitate conflicting parties in the record keeping.
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      Role of Construction Project Documentation for Effective Arbitration Process

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    contributor authorFarrukh Arif
    contributor authorFaiza Saeed
    date accessioned2022-01-31T23:28:21Z
    date available2022-01-31T23:28:21Z
    date issued5/1/2021
    identifier other%28ASCE%29LA.1943-4170.0000466.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4269781
    description abstractAmong various alternate dispute resolution (ADR) mechanisms, arbitration is one that offers several advantages such as the freedom to select a judge who better understands technicalities of construction; consequently, it also saves time and cost compared with the regular court proceedings. This study focuses on current practices, effectiveness of the process and the role of project documentation in the effectiveness of arbitration. Data was collected from clients, contractors, and arbitrators, which show that arbitration is not a very effective option of dispute resolution in Pakistan due to several reasons, such as the stakeholders’ low level of satisfaction with the process, bottlenecks, nonsupportive behavior of parties, time consumption, and being a costly mechanism. These causes along with its effects are illustrated in this study through an Ishikawa (fishbone) diagram. The results of key project documents were integrated using analytic hierarchy process (AHP). This study provides awareness of process and highlight areas for further investigation by identifying reasons for low effectiveness of the arbitration process in local industry. The importance of prioritization of project documentation will facilitate conflicting parties in the record keeping.
    publisherASCE
    titleRole of Construction Project Documentation for Effective Arbitration Process
    typeJournal Paper
    journal volume13
    journal issue2
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000466
    journal fristpage04521006-1
    journal lastpage04521006-11
    page11
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 002
    contenttypeFulltext
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