How fair are we in dispute resolution in the construction industry?
Royce, N.
How fair are we in dispute resolution in the construction industry? - Arbitration 57(2), 103-109(7) .
Originally a lecture, the paper discusses the causes of conflict and the merits of the means of its resolution . In the construction industry , it is the standard form of contract which gives rise to most of the acrimony. The relevant law is analysed for fairness and the legal changes which have directed current law from original intentions are noted. The problem of ascertaining the argument from expert s` evidence under the adversarial system is pointed out, and a greater inquisitorial role for the arbitrator suggested. The growth in number of delays and adjournments is regretted and the article ends with general comments on arbitration.
How fair are we in dispute resolution in the construction industry? - Arbitration 57(2), 103-109(7) .
Originally a lecture, the paper discusses the causes of conflict and the merits of the means of its resolution . In the construction industry , it is the standard form of contract which gives rise to most of the acrimony. The relevant law is analysed for fairness and the legal changes which have directed current law from original intentions are noted. The problem of ascertaining the argument from expert s` evidence under the adversarial system is pointed out, and a greater inquisitorial role for the arbitrator suggested. The growth in number of delays and adjournments is regretted and the article ends with general comments on arbitration.