YaBeSH Engineering and Technology Library

    • Journals
    • PaperQuest
    • YSE Standards
    • YaBeSH
    • Login
    View Item 
    •   YE&T Library
    • ASCE
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
    • View Item
    •   YE&T Library
    • ASCE
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
    • View Item
    • All Fields
    • Source Title
    • Year
    • Publisher
    • Title
    • Subject
    • Author
    • DOI
    • ISBN
    Advanced Search
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Archive

    Consideration of whether the FIDIC Dispute Adjudication Board’s Decision Should Be Regarded as an Award or as a Mediated Settlement Agreement

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 004::page 04522016
    Author:
    Nguyen Thi Hoa
    DOI: 10.1061/(ASCE)LA.1943-4170.0000550
    Publisher: ASCE
    Abstract: International construction is a significant element of world trade. In the international construction sector, forms of contract have become necessary and International Federation of Consulting Engineers (FIDIC) forms of contract have progressively emerged. Since 1999, under FIDIC forms, the dispute adjudication board (DAB) has been empowered to resolve disputes between parties to a contract by making a binding decision. Therefore, enforcement of the DAB’s decision attracts attention from practitioners. In regard to the enforcement of a dispute settlement decision, there are two important international treaties: the Singapore Convention on mediation and the New York Convention on the recognition and enforcement of foreign arbitral awards. Thus, the main focus of this paper is a response to the question: Should the FIDIC DAB’s decision be considered as an award to be enforced under the New York Convention 1958 or as a mediated settlement agreement under the Singapore Convention?
    • Download: (181.9Kb)
    • Show Full MetaData Hide Full MetaData
    • Get RIS
    • Item Order
    • Go To Publisher
    • Statistics

      Consideration of whether the FIDIC Dispute Adjudication Board’s Decision Should Be Regarded as an Award or as a Mediated Settlement Agreement

    URI
    https://yetl.yabesh.ir/yetl1/handle/yetl/4286445
    Collections
    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

    Show full item record

    contributor authorNguyen Thi Hoa
    date accessioned2022-08-18T12:20:04Z
    date available2022-08-18T12:20:04Z
    date issued2022/06/23
    identifier other%28ASCE%29LA.1943-4170.0000550.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4286445
    description abstractInternational construction is a significant element of world trade. In the international construction sector, forms of contract have become necessary and International Federation of Consulting Engineers (FIDIC) forms of contract have progressively emerged. Since 1999, under FIDIC forms, the dispute adjudication board (DAB) has been empowered to resolve disputes between parties to a contract by making a binding decision. Therefore, enforcement of the DAB’s decision attracts attention from practitioners. In regard to the enforcement of a dispute settlement decision, there are two important international treaties: the Singapore Convention on mediation and the New York Convention on the recognition and enforcement of foreign arbitral awards. Thus, the main focus of this paper is a response to the question: Should the FIDIC DAB’s decision be considered as an award to be enforced under the New York Convention 1958 or as a mediated settlement agreement under the Singapore Convention?
    publisherASCE
    titleConsideration of whether the FIDIC Dispute Adjudication Board’s Decision Should Be Regarded as an Award or as a Mediated Settlement Agreement
    typeJournal Article
    journal volume14
    journal issue4
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000550
    journal fristpage04522016
    journal lastpage04522016-8
    page8
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2022:;Volume ( 014 ):;issue: 004
    contenttypeFulltext
    DSpace software copyright © 2002-2015  DuraSpace
    نرم افزار کتابخانه دیجیتال "دی اسپیس" فارسی شده توسط یابش برای کتابخانه های ایرانی | تماس با یابش
    yabeshDSpacePersian
     
    DSpace software copyright © 2002-2015  DuraSpace
    نرم افزار کتابخانه دیجیتال "دی اسپیس" فارسی شده توسط یابش برای کتابخانه های ایرانی | تماس با یابش
    yabeshDSpacePersian