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.
"This book offers a clear explanation of what a dispute board is, what it does and how it accomplishes its aims. Intended for novices as well as seasoned practitioners, it provides actual examples of the forms, reports, recommendations and decisions that daily occur on dispute boards worldwide." - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"The book is a thorough guide for anyone involved in the dispute board process whether as a party, a party representative or, indeed, a board member. The new edition of this book is to be welcomed as it remains one of the few authoritative works on dispute boards, which is an area which remains of signifi cant commercial importance." -Chantal-Aimée Doerries QC
Chapter 1. The Dispute Board Concept Chapter 2. Types of Dispute Boards Chapter 3. Legal Basis for Dispute Boards Chapter 4. Case Histories Chapter 5. Appointing and Establishing a Dispute Board Chapter 6. Selection of a Dispute Board Chapter 7. Referral to a Dispute Board Chapter 8. Elements of a Referral Chapter 9. Site Visits Chapter 10. The Hearing Process Chapter 11. Board Member Conflicts Chapter 12. Removal of Board Members Chapter 13. Dispute Boards – Use, Training and Current Practice Chapter 14. Development Banks Chapter 15. Enforcement Issues Chapter 16. Time-bar Clauses, Special Situations and Pitfalls Chapter 17. Mistake, Misrepresentation, Uncertainty and other issues Chapter 18. New Trends Chapter 19. Additional Forms
This series provides detailed and practical guidance to the legal framework of the construction industry. Whether explaining contract forms, advising on procedure, or guiding through disputes, highly experienced lawyers share their insights in order to help readers with the key aspects of any construction project. Engineers, architects, project managers, academics and lawyers in this field will all find these books a great help with issues that they face on a daily basis.