Lane, P M M (2012) Can construction arbitration learn from adjudication? Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 165(1), pp. 35-39. ISSN 17514312
Abstract
The emergence of adjudication both in South Africa and in numerous other countries in the world has posed questions as to whether arbitration, as presently practised, remains an effective and efficient mechanism for the resolution of construction disputes. This paper looks at the practice of arbitration in South Africa against the backdrop of outdated legislation and examines whether there are lessons to be learnt from adjudication. It concludes that there are procedures which have been developed in adjudication which ought to be considered in the arbitration of construction disputes.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contracting; contracts & law; education & training |
| Index terms: | arbitration, adjudication, construction dispute, South Africa, legislation, emergence, resolution |
| Subjects: | dispute resolution, legal systems, Geography, systems engineering, conflict resolution |
| Topics: | Engineering Principles, Legal Issues, Geographical Context, Stakeholder Management |
| 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