Chern on Dispute Boards

Chern on Dispute Boards
Author: Cyril Chern
Publsiher: John Wiley & Sons
Total Pages: 392
Release: 2008-04-30
Genre: Technology & Engineering
ISBN: 9780470698068

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Dispute boards were first introduced almost 20 years ago. Since then close to $100 billion US dollars worldwide has been spent on construction projects that have used dispute boards. Of these, 98% were constructed without any court battles and of the remaining 2%, the dispute board decisions were upheld by either arbitration and/or the court: a truly impressive record. Yet very little is known about what dispute boards are and how they operate. This book provides the knowledge necessary for those actively involved in dispute board work as well as for those who need to learn the process. Important features of the book include: analysis of the differences between dispute adjudication boards, dispute resolution boards and combined dispute boards in-depth discussion of both the existing and historical international case law on dispute boards, including its history under the British common law, European civil law and Muslim Sharī’ah law analysis of the differences between the various major standard forms of dispute board rules – FIDIC, International Chamber of Commerce and DBFederation - along with sample wording to add to or modify these forms as needed. analysis of how referrals are made to dispute boards and sample forms. an in-depth discussion of the ethical requirements relating to dispute board members comparison of board selection techniques with guidelines for implementation and recommendations for the parties sample forms for use in establishing a dispute board discussion of site visits, how they should be conducted and sample forms general forms for use in operating a dispute board, form agendas, form reports and their use how to use a dispute board as a sounding board for grievances in depth discussion of how to write a decision or recommendation with examples of actual dispute board decisions and recommendations disclosure forms, questionnaires for potential board members, and comparison of board member agreements and sample forms a discussion of how to effectively use witnesses and the preparation and presentation of witness statements in dispute board hearings forms of notice and procedural rules governing the operation of dispute boards international case studies with claims, responses and decisions analysis of situations requiring the removal of dispute board members and form agreements for their removal discussion of the use of dispute boards in areas other than construction.

Chern on Dispute Boards

Chern on Dispute Boards
Author: Cyril Chern
Publsiher: John Wiley & Sons
Total Pages: 448
Release: 2011-09-13
Genre: Technology & Engineering
ISBN: 9781119951995

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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

The Law of Construction Disputes

The Law of Construction Disputes
Author: Cyril Chern
Publsiher: Taylor & Francis
Total Pages: 662
Release: 2019-10-11
Genre: Law
ISBN: 9780429648687

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Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.

Chern on Dispute Boards

Chern on Dispute Boards
Author: Cyril Chern
Publsiher: Taylor & Francis
Total Pages: 798
Release: 2019-08-19
Genre: Law
ISBN: 9780429662881

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Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari’ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. This updated fourth edition explains the various international formats and types of dispute boards in use today and brings readers up-to-date on the ever-evolving law within the field. The text guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. This book is essential reading for construction lawyers, engineers and dispute board stakeholders worldwide.

International Commercial Mediation

International Commercial Mediation
Author: Cyril Chern
Publsiher: Taylor & Francis
Total Pages: 288
Release: 2020-11-26
Genre: Law
ISBN: 9781000341478

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International Commercial Mediation is a practical guidebook that explains how to handle and complete a mediation, as well as how to personally market the skills developed as a mediator. The book provides examples, supplies forms, and explains procedures of actual working mediations which can be used to adapt to individual needs. It also deals with advanced practitioner issues and the emerging law on international mediation.

Construction Contract Variations

Construction Contract Variations
Author: Michael Sergeant,Max Wieliczko
Publsiher: CRC Press
Total Pages: 390
Release: 2014-05-23
Genre: Law
ISBN: 9781317685159

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Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

Chern on Dispute Boards

Chern on Dispute Boards
Author: Cyril Chern
Publsiher: CRC Press
Total Pages: 738
Release: 2015-05-22
Genre: Law
ISBN: 9781317630708

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Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari’ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. Readers of this this updated third edition will have explained to them the various international formats and types of dispute boards in use today and be brought up-to-date on the ever evolving law within the field. New to this 3rd edition is the extensive coverage of appeals from Dispute Board Decisions, the laws relative to appeals and the ICC, enforcement procedures and new forms and guidelines for the practitioner. This book guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. It is therefore, the number one guide for construction lawyers, engineers and dispute board stakeholders worldwide.

Delay and Disruption in Construction Contracts

Delay and Disruption in Construction Contracts
Author: Andrew Burr
Publsiher: CRC Press
Total Pages: 1168
Release: 2016-02-05
Genre: Law
ISBN: 9781317377726

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Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.

Construction Law

Construction Law
Author: Julian Bailey
Publsiher: Taylor & Francis
Total Pages: 918
Release: 2016-07-22
Genre: Law
ISBN: 9781317213413

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Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.

Remedies in Construction Law

Remedies in Construction Law
Author: Roger ter Haar
Publsiher: Taylor & Francis
Total Pages: 414
Release: 2017-06-14
Genre: Law
ISBN: 9781317194941

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Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.

Nuclear Power Plant Development

Nuclear Power Plant Development
Author: Cyril Chern
Publsiher: Informa Law from Routledge
Total Pages: 416
Release: 2021-01-29
Genre: Electronic Book
ISBN: 0367228092

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Nuclear Power Plant Development covers the intricacies of developing a nuclear power plant project from a construction and legal standpoint. It deals with structuring, drafting, and negotiating a wide range of standard and specialised contracts relating to the development of nuclear power-generation projects and also covers the other forms of power-generating facilities. It covers the forms of contract, the law involved internationally, and potential areas of pitfalls and how to avoid them in a systematic format covering various forms of projects. It is suitable for solicitors and barristers involved in the contracting for such facilities and the handling of litigation related to them, government officials involved in the commissioning and development of nuclear facilities for regional governments, and engineers and contractors involved in the actual work of design and contract administration and dispute resolution.

The Application of Contracts in Developing Offshore Oil and Gas Projects

The Application of Contracts in Developing Offshore Oil and Gas Projects
Author: Philip Loots,Donald Charrett
Publsiher: Taylor & Francis
Total Pages: 362
Release: 2019-03-14
Genre: Law
ISBN: 9780429639043

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This book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments. Project development in oil and gas carries with it numerous unique risks and challenges. By identifying and managing risk through the various contract stages, each stage of the project is seen in perspective and therefore gives readers a better understanding of how that stage was arrived at and what is expected to come later. To do this, the authors use illustrative international case studies from past and current projects, thereby deepening the reader’s understanding and awareness of risk from practical experience, as well as suggesting answers for those who are involved in developing oil and gas projects. The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view.

Arbitration in Malaysia

Arbitration in Malaysia
Author: Thayananthan Baskaran
Publsiher: Kluwer Law International B.V.
Total Pages: 440
Release: 2019-09-27
Genre: Law
ISBN: 9789041186737

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Arbitration in Malaysia A Commentary on the Malaysian Arbitration Act Thayananthan Baskaran Kuala Lumpur is developing into a regional hub for arbitration. The International Centre for Settlement of Investment Disputes has selected Kuala Lumpur as an alternative venue and the Permanent Court of Arbitration has opened offices there. This section-by-section commentary provides a sequential, in-depth analysis of the Malaysian Arbitration Act 2005, explaining each section’s purpose, legal source, application and effect. The text and commentary offer comprehensive details on issues arising in the course of an arbitration in Malaysia, including the following: arbitrability of the subject matter of the dispute; form of an arbitration agreement; recourse available to parties from the Courts; appointment, removal and substitution of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure for the conduct of an arbitration; formal requirements for a binding arbitral award; grounds for setting aside an arbitral award; means for enforcing an award; and grounds on which enforcement may be declined. The commentary is primarily based on the interpretation of the Act by the Courts. The commentary includes the history of each section of the Act and the source texts in the underlying United Nations Commission on International Trade Law Model Law and statutes in other Model Law jurisdictions. This definitive guide will prove to be of immeasurable value in approaching any arbitration with a seat in Malaysia. In addition to such practical use, it will be relevant for arbitrators, in-house counsel, law firms, companies doing transnational business, interested academics and international arbitration centers.

The Law of Construction Disputes

The Law of Construction Disputes
Author: Cyril Chern
Publsiher: CRC Press
Total Pages: 680
Release: 2013-11-07
Genre: Law
ISBN: 9781317748618

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The Law of Construction Disputes covers the construction dispute process by analysing the main areas that can lead to disputes and how to effectively deal with them once they have arisen. The book combines theory and practice along with exact excerpts of the leading case decisions covering the entire spectrum of construction law and the disputes that arise.

Injunctive Relief and International Arbitration

Injunctive Relief and International Arbitration
Author: Hakeem Seriki
Publsiher: Informa Law from Routledge
Total Pages: 294
Release: 2014-07-21
Genre: LAW
ISBN: 0415870070

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This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.