Cyril Chern

Chern on Dispute Boards (eBook, PDF)

• Format: PDF

Produktbeschreibung

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 3^rd 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.

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Produktdetails

• Verlag: Taylor & Francis
• Seitenzahl: 762
• Erscheinungstermin: 22. Mai 2015
• Englisch
• ISBN-13: 9781317630708
• Artikelnr.: 49353838

Autorenporträt

Dr Cyril Chern is a Barrister practising at Crown Office 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 and Adjudicator, and has written widely on Mediation, Construction Disputes and Construction Law. He also teaches Dispute Board Course for the World Bank / IFC, 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.

Inhaltsangabe

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