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
Mục lục
The Author xvi
Preface xvii
Acknowledgements xix
Chapter 1 The Dispute Board Concept 1
Chapter 2 Types of Dispute Boards 25
Chapter 3 Legal Basis for Dispute Boards 31
Chapter 4 Case Histories 70
Chapter 5 Appointing and Establishing a Dispute Board 79
Chapter 6 Selection of a Dispute Board 108
Chapter 7 Referral to a Dispute Board 155
Chapter 8 Elements of a Referral 168
Chapter 9 Site Visits 187
Chapter 10 The Hearing Process 213
Chapter 11 Board Member Conflicts 254
Chapter 12 Removal of Board Members 269
Chapter 13 Dispute Boards – Use, Training and Current
Practice 276
Chapter 14 Development Banks 289
Chapter 15 Additional Forms 301
Appendix 1 FIDIC (Red Book) Conditions of Contract for
Construction 332
Appendix 2 FIDIC (Yellow Book) Conditions of Contract for Plant
and Design-Build 343
Appendix 3 FIDIC (Silver Book) Conditions of Contract for EPC
Turnkey Projects 353
Appendix 4 FIDIC (Gold Book) Conditions of Contract for Design,
Build and Operate Projects 363
Appendix 5 Dispute Board Rules of the International Chamber of
Commerce 375
Appendix 6 Sample Oaths and Affi rmations 393
Appendix 7 The Dispute Board Federation Dispute Adjudication
Board Ad Hoc Rules for Use in Independently Administered Dispute
Board Matters 395
Resources 406
Table of Cases 407
Index 409
Giới thiệu về tác giả
Dr Chern is a Barrister practising at Crown Office Chambers,
London. Additionally he is a Chartered Architect, Fellow of the
Chartered Institute of Arbitrators, Fellow of the Dispute Board
Federation, Chartered Arbitrator, Accredited Mediator and
Adjudicator and holds the degrees of BArch (Honours) in
Architecture and Engineering and Juris Doctor. He has practised
since 1972 specifically in the areas of engineering and
construction disputes in the United Kingdom, the EU and
internationally. As an adjudicator he is on numerous appointing
bodies including the FIDIC President’s List of Approved
Adjudicators, The Dispute Board Federation (Geneva) Panel of
Approved Dispute Board Members, and the Institution of Civil
Engineers (ICE) Dispute Board panel. He has extensive experience in
civil and structural engineering design issues, supervision of
construction, contract management, construction insurance,
arbitration, mediation, adjudication and other methods of dispute
resolution. He has had over 580 engineering construction dispute
references and has served on over 100 dispute boards in that time,
acting as chairman on most occasions. He has over 40 years’
experience in arbitration, mediation and adjudication and has
handled complex international commercial and construction matters
in over 20 countries worldwide located in North and South America,
Europe, the Middle East, China, and Africa.
Dr Chern is a member of various panels, groups and committees both
in the United Kingdom and abroad including the FIDIC Adjudicators
Assessment Panel and the Dispute Board Federation Advisory Panel,
the Royal Institution of Chartered Surveyors (RICS) Dispute
Resolution Committee, the Association Suisse de L’Arbitrage, the
Civil Mediation Committee, the Society of Construction Arbitrators,
and the Association of Consulting Engineers, and he is a Fellow of
the Centre for International Legal Studies in Austria, Fellow of
the Dispute Board Federation (Geneva) and its Secretary, and
a sustaining member of the Dispute Resolution Board Foundation in
the United States. Additionally he is a dispute board trainer for
both the FIDIC, the DBF, RICS, and International Chamber of
Commerce (ICC) rules and procedures.
In addition to this book, Dr Chern is the author of a large number
of papers and articles on dispute boards, construction disputes,
and mediation and is the author of International Commercial
Mediation and The Law Of Construction Disputes both
published by Informa Publishing London. Additionally he is the
co-author and subject editor for Emden’s Construction Law: ADR
and Dispute Boards published by Lexis Nexis Butterworths,
London.
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