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.
Table of Contents
Table of cases. Table of legislation. About the author. Preface. Acknowledgements. 1. The dispute board concept and philosophy 2. Types of dispute boards 3. Legal basis for dispute board 4. Case histories 5. Appointing and establishing a dispute board 6. Selection of a dispute board 7. Referral to a dispute board 8. Elements of a referral 9. Site visits 10. The hearing process 11. Board member conflicts 12. Removal of board members 13. Dispute boards – use, training and current practice 14. Development banks 15. Enforcement issues 16. Time-bar clauses, special situations and pitfalls 17. Mistake, misrepresentation, uncertainty and other issues 18. New trends 19. Additional forms. Appendices Resources Index
Dr Cyril Chern is a Barrister practising at 4 New Square Chambers, London. He has practised since 1972, specifically in the areas of engineering and construction disputes in the United Kingdom, the EU and internationally. Not only is he a highly praised and respected Barrister, he is also a Chartered Architect, Chartered Arbitrator, Accredited Mediator, Adjudicator, and Engineer and has written widely on Construction Disputes, Construction Law, and Mediation. He also teaches Dispute Board Courses for the World Bank/International Finance Corporation, FIDIC and the Dispute Board Federation (Geneva), as well as the comprehensive advanced FIDIC contracts course and commercial mediation for the Bar Council Mediation seminar, the World Bank, the IFC, and the DBF.