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contributor authorBesaiso Haytham;Fenn Peter;Emsley Margaret
date accessioned2019-02-26T07:30:28Z
date available2019-02-26T07:30:28Z
date issued2018
identifier other%28ASCE%29LA.1943-4170.0000248.pdf
identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4247452
description abstractArbitration is at the forefront of construction dispute resolution techniques in Palestine. This paper critically examines the historical development of arbitration and explains the recent evolution of construction arbitration in Palestine. This research depends on 12 semistructured interviews with senior arbitrators. It also draws on a thorough examination of relevant documents such as legal instruments, court cases, legislation, and arbitration clauses in standard forms of construction contracts. The study identifies the conditions that assisted the recent growth in the use of construction arbitration, such as the overhaul of legal infrastructure in the form of modern legislation governing arbitration procedure and court proceedings, the provision of contractual infrastructure in the form of widespread incorporation of arbitration clauses in construction contracts, the establishment of institutional infrastructure in the form of arbitration institutions, and the build-up of qualified construction arbitrators. The study also uncovers the barriers that preclude construction arbitration from reaching its next level and thriving, such as lengthy court enforcement proceedings, the reluctance of some international organizations to participate in arbitration seated in Palestine, and the relatively high arbitration costs.
publisherAmerican Society of Civil Engineers
titleEvolution of Construction Arbitration
typeJournal Paper
journal volume10
journal issue2
journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
identifier doi10.1061/(ASCE)LA.1943-4170.0000248
page4518001
treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2018:;Volume ( 010 ):;issue: 002
contenttypeFulltext


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