• Login
    View Item 
    •   DSpace Home
    • ASCE
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
    • View Item
    •   DSpace Home
    • ASCE
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Explaining Time Performance of Construction Arbitration

    Thumbnail
    View/Open
    %28ASCE%29LA.1943-4170.0000460.pdf (316.4Kb)
    Date
    5/1/2021
    Author
    Allan A. Abwunza
    Titus K. Peter
    Kariuki Muigua
    Metadata
    Show full item record
    Abstract
    By referring their disputes to arbitration, users expect a speedy, economical, and satisfactory resolution. While some cases may have achieved these objectives, others have not. It is not uncommon to come across a mix of cases, some that have taken a short time, and others that have taken considerably longer to resolve. The factors contributing to this varied time performance have remained underexplored in construction arbitration. It remains unclear why cases of similar characteristics take varying duration to conclude, making it difficult for participants in the arbitral process to intensify the positive effect of the factors while attenuating their negative impact on time performance. To address this gap, the researchers conducted a qualitative multiple-case study involving 22 semistructured in-depth interviews and documentary analysis in eight concluded cases involving construction arbitration. The findings attribute variations in the time performance to the interaction between distribution of control, competence of the tribunals, approaches to the presentation of evidence, and complexities of the disputes. Thus, among the identified factors, only the perceived adequacy of the size of the tribunal did not influence time performance. Through a structural model, these findings provide a nuanced understanding of the interactions among the factors influencing the time performance of construction arbitration.
    URI
    http://yetl.yabesh.ir/yetl1/handle/yetl/4269777
    Collections
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

    DSpace software copyright © 2002-2015  DuraSpace
    Contact Us | Send Feedback
    Theme by 
    @mire NV
     

     

    Browse

    All of DSpaceCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    View Usage Statistics

    DSpace software copyright © 2002-2015  DuraSpace
    Contact Us | Send Feedback
    Theme by 
    @mire NV