Alternative Dispute Resolution (ADR) is a term generally used to refer to informal dispute resolution processes in which the parties meet with professional third party who helps them resolve their dispute in a way that it is less formal and often more consensual than is done in the courts. ADR includes Dispute Resolution Processes and Techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Despite historic resistance to ADR by many popular parties and advocates, ADR has gained wide-spread acceptance among both the general public and the Legal profession in recent years, especially in Nigeria. A massive programme of court modernization is underway in Nigeria, aimed at stamping out delays and corruption in the legal system.
Alternative Dispute Resolution (ADR) is a concept that is, in general, used to refer to informal dispute resolution process in which the parties involved in disputes resolve their disputes with the assistance of a third party. The resolution process is less formal and often more consensual that is done in the court processes. ADR is seen as offering wide opportunities to resolve disputes more quickly or more satisfactorily to the parties than conventional litigation. It offers an alternative system for procedural flexibility, a broad range of remedial options, a focus on individualized justice and an adequate relief from the hardship created by the substantive and procedural law of formal adjudication. ADR performs convenient and useful works that cannot be done, or cannot easily be done, through formal adjudication. The system of ADR stands in this breach created by the merger of Law and Equity. ADR is considered to be an effective process in which a dispute is settled in the active presence and involvement of a neutral agent. In its ideal form, ADR is perceived not only as resolving the dispute but also as placing back the relationship of the parties status quo ante the conflict.
There are three different types of contracting: general contracting, design & build contracting and management contracting. The matters such as international financing of infrastructure projects, international procurement procedures and standard contract forms, international arbitration and alternative dispute settlement mechanisms, export credit insurance and the removal of barriers to entry into foreign construction markets stand out as priority issues which are affecting job opportunities of international contracting services sector abroad. Construction Industry needs alternative dispute settlement mechanisms which are able to solve rapidly the disputes relating to international construction projects especially, even in the construction site as far as they emerge. A modern tender system should begin with an efficient evaluation of the pre-qualification of applicants, and proceed with a tender procedure based on high quality tender documents, and carry on with the balanced conditions of contract which fairly distribute possible risks of future between the employer and the contractor.
A dispute board is a panel of impartial members, appointed at the outset of the construction contract, whose purpose is to monitor progress, resolve disputes as they arise and provide a forum for discussing difficult matters. This book provides an in depth analysis of dispute board law and detailed, practical explanations of how dispute boards work in construction contracts for those actively involved. as well as for those who need to learn the process. Important features of the book include: Explanation of how a dispute board works: Insider knowledge of board operations: Key documents to run a dispute board: Detailed discussion of dispute board law (covering key jurisdictions worldwide): Forms of practice and procedure, and sample documents Reviews of the previous edition «Chern's book provides an extremely practical guide, covering not only an introduction to the process but also providing check lists and sample documentation.... This book will be welcome by practitioners in the area and newcomers to the dispute board process.» —The International Journal of Arbitration, Mediation and Dispute Management, November 2009 «This book will provide a very useful, perhaps essential, guide to parties commissioning large capital construction projects, those advising them and those bidding to carry out such works, and importantly, the project funders.» —The Expert & Dispute Resolver «This is a must-have book for grown up contractors» —Tony Bingham, Building «His timely work …concentrating on what may prove to be the primary means of dispute resolution for major international construction projects is to be welcomed.» —HHJ Humphrey Lloyd, QC, The International Construction Law Review «This excellent book on Dispute Boards is a must for every construction lawyer, engineer, architect and contractor who is either involved in Dispute Boards or wants to be» —Herbert Wilson, The Journal of the Dispute Board Federation
Disputes are a common occurrence in Indian construction industry. They become very costly in terms of both time and cost and hence must be reduced for improving overall project performance. Although studies in the past aimed towards identification of the causes of disputes, this study specifically aims at finding the inter-relationship between the various dispute causing conditions and better interpret them rather than treating them as standalone elements. Causal modeling of the dispute causes underlines certain root causes to which special attention needs to be given. SAP-LAP paradigm has been incorporated in a questionnaire to find construction industry professionals’ perception into the causes of disputes and also dispute avoidance measures. Respondents of all experience groups have a unanimous decision regarding causes of disputes. Also dispute factors themselves do not have very significant impact in directly invoking a dispute prone condition or clause but trigger off subsequent several dispute causing factors.
During the last decades, almost equal to the commercial dispute resolution, ADR gained enormous currency in tax dispute resolution system of many jurisdictions. The previous criticisms on the amenability of tax disputes to ADR, which is assumed as a private forum aimed at resolving particular dispute than sheltering public interest, are now trounced. This book explored the various contribution of the ADR in tax administration by complementing the limitations of state tax dispute resolution forums and piecemeal administrative settlement practices. After a research to pre-existing literatures, laws and practices in Ethiopia and other tax administrations, it is determined, that ADR could benefit not only the tax authority and the taxpayer but also the general public. However, since tax is a part of public administration where biggest public interest is involved, the introduction of this new private tax dispute resolution system should also be taken cautiously.
Construction industry is one of the accelerations for the National economy.However, there are numerous problems exist in the collaborative relationship under the construction process. This paper takes a qualitative approach on a comparative study of collaborative relationship in the construction industry of Mongolia pre- vs. post- institutional transition in 1990. We find that in the pre-transition, collaborative relationship was authority based because of homogenous participant background,command entry barrier,formal decision law on conflict resolution, high sense of liability, rare price adjustment, whereas, in the post-transition, collaborative relationship is trust based or opportunism driven depending on whether long-term partnership and free market competition because of heterogeneous participant background, market entry barrier, economic interest on conflict resolution, divergence of interests causing agency problem, low sense of liability, and flexible price adjustment.
The book covers the history and modern trends of drafting Production Sharing Agreements in Azerbaijan. The focus of the work is two-fold: 1) to explore the disput prevention and dispute resolution mechanisms and issues in the majority of Azerbaijan PSAs.To this end, Azerbaijan oil contracts are viewed against the benchmark of the best practices in the world of oil industry 2) to analyze the hypothetical discussion over the controversial legal nature of the existing PSAs. The book is based upon the latest theoretical findings and empirical data.
Due to the constant surge of technological progress, the complexities of construction projects have been increasing every year. There is a large amount of people and resources involved in each project, all working under great pressure to deliver the final product on time, within the budget and of acceptable quality. With this kind of stress, it is only a matter of time before mistakes occur which will cause disputes between the parties. There is a variety of dispute resolution methods available for use, the benchmark of which is litigation. While contractors largely accept mediation and its promise of lower costs and shorter duration, they are still reluctant to fully embrace it. This book, referencing actual construction claims, presents case studies of construction mediation and binding arbitration. The subject is to offer a study of the most common causes of disputes, present alternative dispute resolution methods and finally, to prove or disprove the idea that litigation remains the primary source of settling construction disputes.
The inadequacies of the national courts in Nigeria which include: the adversarial nature of litigation, unnecessary delays, lack of confidentiality etc has led disputing parties to seek alternative means of dispute resolution, one of which is domestic arbitration. Unfortunately, the potential advantages claimed for arbitration over litigation, are often not achieved in practice. Consequently, the primary focus of the work is the identification and examination of some problems and challenges hindering the law, practice, institution and growth of domestic commercial arbitration and customary arbitration in Nigeria. In the work, relevant suggestions are made for tackling these problems and challenges. The modest contribution of the work to the field of arbitration should help shed some light on this emerging and exciting field of dispute resolution in Nigeria, and should be especially useful to scholars, lawyers and other professionals in arbitration.
The present research deals with two subject matters: the petroleum industry, also known as Oil & Gas industry, and the Alternative Dispute Resolution Methods, well known for its acronym “ADR”. The main purpose was to develop a quantitative and qualitative analysis of the actual status of ADR in the Oil & Gas industry in Mexico, as well as the barriers, either cultural, social, legal and political, amongst others, that have not allowed a greater advantage of so extraordinary mechanisms. The research is focused on the case of Petroleos Mexicanos (PEMEX) which is the Mexican Oil & Gas Company, with a major impact at the international Oil & Gas market. The intended research was thought to deal with legal and socio-legal aspects, since the socio-legal science is hardly considered when resolving an international Oil & Gas dispute. The recent energy legislation analysis as well as the case-law analyzed in this research will serve to determine precedents, as well as to set up very useful statistics. The main repercussion of this book would fall into companies and countries involved in the Mexican Oil & Gas industry.
This manuscript focus on an intensive case study on one of the most known indigenous conflict resolution mechanism in North East Ethiopia called the “Abegar System”. Currently researches in the area of conflict resolution have started to give much attention for alternative dispute management strategies such as Indigenous Conflict Resolution Mechanisms (ICRM). ICRMs are usually found effective in resolving violent and hidden conflicts, restoration of disputants’ relationships, preventing future revenge actions and ensuring peace and security of the local community. Although most traditional conflict resolution mechanisms are unique in nature, especially in the procedure of conflict resolution, they have also common/shared characteristics confirmed by various researches. Hence, the findings of this research can be used as an input for future researches on ICRMs.
The success and failure of the sector regulation depends on the way disputes are resolve and handled by the regulators. There is a close relation between regulated matters and disputes arising over the provision of telecom services and infrastructure has led legislatures in many countries to confer a dispute resolution power on the body established to regulate the sector. The book is divided in 7 chapters, which discusses various types of disputes which arises in different circumstances in telecom regulatory sector and how these disputes were settled. This book deals with the need for improving existing dispute resolution mechanism in the Indian telecom industry; from dispute resolution to problem solving. It is hoped that this book will be useful to students, researchers, academicians and members of the legal fraternity. This book is an attempt to explore the uncharted arenas of various telecom Acts and Regulations regarding disputes settlement and role of Telecom Dispute Settlement Appellate Tribunal of India in settling disputes.
The purpose of this study was to investigate the level of awareness and use of risk management techniques by SMEs in the construction industry conducting business activities in King William’s Town and Port Elizabeth in the Eastern Cape Province of South Africa. A self-administered questionnaire was used to gather data from 82 SME owners or managers in the construction industry. The statistical Package for Social Sciences (SPSS) was used to analyse data. The Chi-square, cross tabulation and descriptive statistical tests were employed to analyse the data. The results of the study revealed that there is a low level of awareness and use of risk management techniques by SMEs in the construction industry. In addition, the results revealed that SMEs in the construction industry have a positive attitude toward risk management techniques. The results of the study recommend that the government, tertiary institutions, construction industry development board and SME owners or managers in the construction industry should work together to improve the level of awareness and use of risk management techniques.
It is really a very great experience while doing this particular project work (Alternative Approaches of Modernized Law in India) under the canopy of the Constitutional Law, Jurisprudence, Administrative Law, Law and Social Transformation in India, Political Science, Legal Regulation of Economic Enterprise, Sociology, Law of Torts and many other legal aspects. The modern age of justice delivery system has been flourished with various modern dispute settlement mechanisms which promote the process of speedy settlement of disputes. While doing the present research work we have tried to establish the view that law is the most powerful instrument to beckon the new trends in the dispute resolution systems with the help of various judicial pronouncements as well as with the help of various theories which were propounded by various scholars and jurists all across the world. Therefore, it has been established that, new trend is necessary in dispute resolution system and it is also the ultimate solution for establishing the socio-economic justice in order to create a utopian society under the canopy of utilitarianism principles.
Disputes in the oil and gas industry can range from quantity and quality disputes, jurisdiction disputes, disputes involving equipment, gas contracts, oil trading contracts, subcontracting and a host of them. In the oil and gas industry, you tend to find different contractors from different parts of the World coming together in a joint venture, or some sort of arrangements for commercial purposes. Generally, dispute is inevitable, so also in the oil industry. Therefore it is advisable and necessary to anticipate likely disputes in advance and provide a suitable means to resolve such disputes. The need for processes that are fast, effective and cause minimum or no disruptions to working activities and relationships are always appropriate. Processes that are both private and flexible are most preferred by the oil industry. This is because the nature of the oil industry is a peculiar one in the sense that it makes or loses money per second of production or non-production. This work summarises and discusses why resort to court is inevitable in the Oil and gas industry.