Dispute review boards in the context of Malaysian construction industry

Every project may bound to have disagreement. The construction industry has been on the forefront of the alternative dispute resolution movement. The current trend is to look for methods of resolving disputes other than traditional processes (such as litigation, arbitration and mediation), which typ...

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Main Author:	Talib, Rozilah
Format:	Thesis
Language:	English
Published:	2011
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/33934/1/RozilahTalibMFAB2011.pdf
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id	my-utm-ep.33934
record_format	uketd_dc
spelling	my-utm-ep.339342018-05-27T08:11:05Z Dispute review boards in the context of Malaysian construction industry 2011-05 Talib, Rozilah TH Building construction Every project may bound to have disagreement. The construction industry has been on the forefront of the alternative dispute resolution movement. The current trend is to look for methods of resolving disputes other than traditional processes (such as litigation, arbitration and mediation), which typically begin after the conflict has escalated and the parties' positions have hardened. One of these methods is Dispute Review Board (DRB). DRB and Dispute Adjudication Boards (DAB) have distinct advantages when properly structured and mandated. The DRB is most popular alternative dispute resolution (ADR) mechanism in US therefore the operational basis of the DRB adheres to the legislation and operation in US. Despite its success in global application, DRB is not much heard of in Malaysia. Since DRB is new in Malaysia, therefore the aim of the research is to determine the legislation of DRB operations in order to possibility of implementing DRB in Malaysia construction industry. This research was based on the existing DRB models such as World Bank, The American Arbitration Association (AAA), FIDIC and International Chamber of Commerce (ICC). The issues on DRB model have been highlighted and the framework was developed to help Owner and Contractor to draft DRB provisions when they decided to utilize DRB for their project. Structure interviews have been conducted and the positive reaction from interviewees on possibility of implementing DRB in the Malaysian construction industry have been gathered. The interviews data shown that there are four (4) mechanisms to consider when implementing DRB which are (1) Current practice of application of DRB mechanism in Malaysia (2) Relevant issues of the DRB on Construction Projects (3) Barriers to implementation of DRB (4) Required conditions for adapting the DRB in Malaysia. Despite those findings, the experts agreed that DRB process point to its near perfect track record of avoiding litigation or arbitration on projects where it is used. 2011-05 Thesis http://eprints.utm.my/id/eprint/33934/ http://eprints.utm.my/id/eprint/33934/1/RozilahTalibMFAB2011.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Talib, Rozilah Dispute review boards in the context of Malaysian construction industry
description	Every project may bound to have disagreement. The construction industry has been on the forefront of the alternative dispute resolution movement. The current trend is to look for methods of resolving disputes other than traditional processes (such as litigation, arbitration and mediation), which typically begin after the conflict has escalated and the parties' positions have hardened. One of these methods is Dispute Review Board (DRB). DRB and Dispute Adjudication Boards (DAB) have distinct advantages when properly structured and mandated. The DRB is most popular alternative dispute resolution (ADR) mechanism in US therefore the operational basis of the DRB adheres to the legislation and operation in US. Despite its success in global application, DRB is not much heard of in Malaysia. Since DRB is new in Malaysia, therefore the aim of the research is to determine the legislation of DRB operations in order to possibility of implementing DRB in Malaysia construction industry. This research was based on the existing DRB models such as World Bank, The American Arbitration Association (AAA), FIDIC and International Chamber of Commerce (ICC). The issues on DRB model have been highlighted and the framework was developed to help Owner and Contractor to draft DRB provisions when they decided to utilize DRB for their project. Structure interviews have been conducted and the positive reaction from interviewees on possibility of implementing DRB in the Malaysian construction industry have been gathered. The interviews data shown that there are four (4) mechanisms to consider when implementing DRB which are (1) Current practice of application of DRB mechanism in Malaysia (2) Relevant issues of the DRB on Construction Projects (3) Barriers to implementation of DRB (4) Required conditions for adapting the DRB in Malaysia. Despite those findings, the experts agreed that DRB process point to its near perfect track record of avoiding litigation or arbitration on projects where it is used.
format	Thesis
qualification_level	Master's degree
author	Talib, Rozilah
author_facet	Talib, Rozilah
author_sort	Talib, Rozilah
title	Dispute review boards in the context of Malaysian construction industry
title_short	Dispute review boards in the context of Malaysian construction industry
title_full	Dispute review boards in the context of Malaysian construction industry
title_fullStr	Dispute review boards in the context of Malaysian construction industry
title_full_unstemmed	Dispute review boards in the context of Malaysian construction industry
title_sort	dispute review boards in the context of malaysian construction industry
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2011
url	http://eprints.utm.my/id/eprint/33934/1/RozilahTalibMFAB2011.pdf
_version_	1747816204400066560

Dispute review boards in the context of Malaysian construction industry

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