Jafari, D M (2012) Resolution of multiparty construction disputes under the Singapore international arbitration legal framework. PhD thesis, National University of Singapore, Singapore.
Abstract
Related disputes are likely to arise out of construction main-contracts and sub-contracts. In the absence of a multiparty arbitration agreement among the main-contractor, the sub-contractor and the employer, the parties may not be easily roped into a single multiparty arbitration proceeding. Multiple proceedings may lead to conflicting, prolonged or unfair outcomes. In this thesis, the mechanisms to avoid the problems of multiple proceedings, and the possibilities for the conduct of multiparty arbitration were examined within the scope of Singapore's international arbitration law. For a better assessment of the Singaporean position, the approaches in the jurisdictions of England, Australia, Hong Kong and the Netherland were also examined. In the end, the thesis came up with suggestions for the legislature, the institutional arbitration organizations and the contracting parties, to overcome the limitation of International arbitration in dealing with related construction disputes in Singapore.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Thesis advisor: | Pub, G A G |
| Uncontrolled Keywords: | arbitration; disputes; employer; Australia; England; Hong Kong; Singapore |
| Index terms: | jurisdiction, dispute, resolution, England, sub-contractor, construction dispute, Australia, contracting party, Singapore, Hong Kong, arbitration |
| Subjects: | Geography, dispute resolution, legal systems, conflict resolution, practitioner |
| Topics: | Stakeholder Management, Roles and Professions, Geographical Context, Legal Issues |
| Descriptive scope: | 2 PC |
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