Construction Dispute Boards - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s):

Lukáš Klee

Daniel Nový

Page Count:

14 pages

Media Description:

1 PDF Download

Published:

February, 2015

PDF151.39 KB

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Abstract | Legally, construction projects involve

specific issues because they bring with them a large

number of hazards and related risks. Each project is

unique, being accompanied by variations and

complications of different natures. Contracting parties

usually allocate risk to the party best able to control it.

However, there is sometimes uncertainty about who is

to bear a particular risk and to what extent. The

reason may lay in a poorly drafted contract or in

ignoring its provisions. In other cases, the parties are

not willing to bear the consequences of the risks

allocated to them. These and many other situations

often give rise to disputes. Settlement of disputes in

construction requires speed, an informal approach and

expertise. This is why every good contract includes a

dispute resolution system. Adjudication is the most

popular alternative to litigation as it is a fast and

relatively cheap way of settling disputes. An impartial,

third body known as a ‘Dispute Board’ is responsible
for resolving the dispute between the parties.