Chern on Dispute Boards: Practice and Procedure / Edition 4

by Cyril Chern

Overview

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.

Product Details

ISBN-13:	9780367085957
Publisher:	Informa Law from Routledge
Publication date:	09/25/2019
Series:	Construction Practice Series
Edition description:	4th ed.
Pages:	656
Product dimensions:	6.88(w) x 9.69(h) x (d)

About the Author

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.

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

What People are Saying About This

From the Publisher

"This is a must-have book for grown up contractors"
—Tony Bingham Building

"This is a first class piece of work which should be required reading for anyone involved in Dispute Boards, whether as a member of such a Board or someone closely involved with the operations of a Board in an international construction project."
–John Wright, Solicitor - Construction Law International

"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

Editorial Reviews

"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 360 page 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)

From the Publisher