Role of Construction Project Documentation for Effective Arbitration ProcessSource: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 002::page 04521006-1DOI: 10.1061/(ASCE)LA.1943-4170.0000466Publisher: 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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contributor author | Farrukh Arif | |
contributor author | Faiza Saeed | |
date accessioned | 2022-01-31T23:28:21Z | |
date available | 2022-01-31T23:28:21Z | |
date issued | 5/1/2021 | |
identifier other | %28ASCE%29LA.1943-4170.0000466.pdf | |
identifier uri | http://yetl.yabesh.ir/yetl1/handle/yetl/4269781 | |
description 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. | |
publisher | ASCE | |
title | Role of Construction Project Documentation for Effective Arbitration Process | |
type | Journal Paper | |
journal volume | 13 | |
journal issue | 2 | |
journal title | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction | |
identifier doi | 10.1061/(ASCE)LA.1943-4170.0000466 | |
journal fristpage | 04521006-1 | |
journal lastpage | 04521006-11 | |
page | 11 | |
tree | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 002 | |
contenttype | Fulltext |