International Construction Disputes

The problem of finding suitable dispute resolution procedures is exacerbated in international construction, since a diversity of disputes, including but not limited to contract interpretation and administration, work scope, measurement and variation, delay and time, third-party interference and extension of time, can arise. Those disputes can, to a more or lesser extent, given rise to somewhat tangible or intangible damages in international construction projects in terms of their time, cost and quality achievement parameters.

There are many dispute resolutions (DR) available, ranging from adversarial litigation to amicable settlement. Their categorization in themselves and the disputants' perceptions of their functions appear inconsistent, and have contributed to the confusion and mismatch between them and the disputes concerned. The fact that for every DR mechanism to be selected, there is a requirement, in the meantime, for consideration of the corresponding legal issues, leads to the situation in which lawyers take over DR processes, resulting in the need for a decision support system, whereby construction project management personnel could themselves stay in control and adopt the most appropriate DR mechanism for a particular dispute.

With the aim of producing an appropriate system for resolving international construction disputes in Hong Kong, Mainland China and elsewhere in the world, this book serves two main purposes by: (1) developing an "Optimisation Programme" which provides an approach for improving rationality and objectivity, upon choosing the most appropriate DR mechanism, and (2) recognizing professional judgments and unforeseen factors in the dispute resolution selection, which can be assessed by the disputing parties themselves.

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