Arbitration: A look at its form and performance

Hester, W T; Kuprenas, J A and Thomas, H R (1987) Arbitration: A look at its form and performance. Journal of Construction Engineering and Management, 113(3), pp. 353-367. ISSN 0733-9364

Abstract

With arbitration, a person or panel approved by the disputants is charged with establishing an equitable settlement. At least in the construction industry, arbitration is primarily limited to smaller disputes between the contractor and owner, or the designer and owner. Now, however, as the costs and time required to litigate disputes increases, there is much greater interest in arbitration, and new forms of it are developing. Alternate approaches to arbitration are discussed herein, and their performance is evaluated. Special attention is given to the form and performance of arbitration used by state agencies.

Item Type: Article
Index terms: designer, dispute, owner, arbitration, construction industry, agency
Subjects: industry analysis, sociology, dispute resolution, profession
Topics: Research Practice, Stakeholder Management, Roles and Professions, Legal Issues
Descriptive scope: 2 PT

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here