Culture-Risk-Trust Model for Dispute-Resolution Method Selection in International Construction Contracts

2017 ◽  
Vol 9 (4) ◽  
pp. 04517020 ◽  
Author(s):  
Ghada M. Gad ◽  
Jennifer S. Shane
Keyword(s):  
Dispute Resolution ◽  
Trust Model ◽  
Resolution Method ◽  
Construction Contracts ◽  
International Construction ◽  
Method Selection

scholarly journals The New Zealand Construction Contracts Amendment Act 2015 - For Better or Worse?

2015 ◽  
Vol 15 (4) ◽  
pp. 95-105
Author(s):  
David Finnie ◽  
Naseem Ameer Ali
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Professional Services ◽  
Legislative Process ◽  
Resolution Method ◽  
Construction Contracts ◽  
The Third ◽  
Documentary Analysis ◽  
General Support

Adjudication has been statutorily introduced as an alternative dispute resolution method in 14 jurisdictions including New Zealand. Whilst adjudication under the New Zealand Construction Contracts Act 2002 has been hailed a success, further refinements were proposed in the Construction Contracts Amendment Bill first published in 2013. As part of the legislative process, 48 submissions were made to the Commerce Committee. There was general support for most of the amendments, but some parties expressed concerns on some of the changes. A documentary analysis of the Amendment Bills and submissions to the Commerce Committee was made to critically evaluate the changes proposed and establish if they were improvements. The findings show the major changes proposed include (i) removing most of the distinctions between the treatment of residential and commercial contracts under the Act, (ii) extending the scope of the Act to apply to contracts for certain professional services, (iii) removing the distinction between enforcement of payment determinations and of those relating to rights and obligations, and (iv) making the enforcement process more efficient. The findings also show that during a period of over two years from when the Bill was first introduced in January 2013, one other significant improvement for retentions to be held in trust was made. A few proposals to further refine the Bill such as the suggestion to mandate retentions to be kepts in a separate trust account were however not accepted. The Construction Contract Amendment Bill (Bill 97-3) was uninanimously passed during the third and final reading in Parliament on 20 October 2015 with most of the amendments coming into force on 1 December 2015, those incorporating professional services on 1 September 2016, and the retention provisions on 31 March 2017. Royal assent was given on 11 October 2015 leading to the enactment of the Construction Contracts Amendment Act 2015.

Part 2 Specific Issues of Arbitration in Brazil, 13 Agreements between Shareholders and General Corporate Matters

2020 ◽  
Author(s):  
Eizirik Nelson
Keyword(s):  
Dispute Resolution ◽  
Court Decisions ◽  
Business Relationship ◽  
Resolution Method ◽  
Public Corporations ◽  
Arbitration Award

This chapter focuses on the use of arbitration to settle corporate disputes in Brazil. This dispute resolution method is faster, informal, and more technical than court decisions. In addition, dispute resolution through arbitration has four important advantages when compared to court decisions: the proceedings adjust to the matter under discussion; it is less litigious, which means that parties if the dispute (e.g., shareholder or partners of the same entity) may continue to maintain their business relationship while they are waiting for the arbitration award; and the arbitrators appointed to resolve the dispute are usually specialized in corporate matters. Unlike other countries, these advantages have been leading even Brazilian public corporations to solve their corporate conflicts through arbitration. According to recent research, corporate matters lead the number of arbitration proceedings in some of the Brazilian Arbitration Chambers. The chapter then examines objective arbitration eligibility and subjective arbitration eligibility in corporate arbitration in Brazil.

Enercon India v. Enercon GmbH: Concluded Contract, Arbitration and Intellectual Property

2014 ◽  
pp. 1-12
Author(s):  
Anurag K. Agarwal
Keyword(s):  
Technology Transfer ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Resolution Method ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Doing Business ◽  
The Status ◽  
Court Proceedings

The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.

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