Search results

In general, all differences between the Employer and the Contractor are firstly addressed by the Engineer, usually under Sub-Clause 3.7 [Agreement or Determination]; if the Parties have confidence in the Engineer’s capability to act fairly, many differences will be finally settled under the Sub-Clause 3.7 procedure. However, if either of the Parties is dissatisfied with a determination by the Engineer, a Notice of Dissatisfaction (a NOD, see Sub-Clause 1.1.57) can be filed; thereafter, either Party may proceed in accordance with Sub-Clause 21.4 [Obtaining DAAB’s Decision], see Sub-Clause 3.7.5 [Dissatisfaction with Engineer’s determination]. The dispute resolution procedure under the 2017 edition is outlined in Figure 20B. The first two Sub-Clauses of Clause 21 [Disputes and Arbitration] deal with the formation of the Dispute Avoidance/Adjudication Board (Sub-Clause 21.1 [Constitution of the DAAB]), including how to move forward with the DAAB if either of the Parties fail to appoint a member of the DAAB (Sub-Clause 21.2 [Failure to Appoint DAAB Member(s)]). Sub-Clause 21.3 [Avoidance of Disputes] describes the DAAB’s role in avoiding the escalation of any issues or disagreements into Disputes. Sub-Clause 21.4 [Obtaining DAAB’s Decision] outlines the procedure before the DAAB in respect of the resolution of Disputes. Sub-Clause 21.5 [Amicable Settlement] includes an invitation for the Parties to resolve disagreements about a decision from the DAAB amicably, while Sub-Clause 21.6 [Arbitration] provides the ultimate procedure for resolution of Disputes, arbitration. Sub-Clause 21.7 [Failure to Comply with DAAB’s Decision] entitles either Party to refer the failure of the other Party to comply with a decision from the DAAB. Finally, Sub-Clause 21.8 [No DAAB In Place] outlines the procedure to follow if no DAAB is in place when a Dispute arises (the Dispute may be referred directly to arbitration).

This study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and promoting amicable settlements between parties.

This study develops a novel conceptual model incorporating project characteristics, root causes, and underlying causes to predict construction dispute outcomes. Utilizing a dataset of arbitration cases in Türkiye, the model was tested using five machine learning algorithms namely Logistic Regression, Support Vector Machines, Decision Trees, K-Nearest Neighbors, and Random Forest in a Python environment. The performance of each algorithm was evaluated to identify the most accurate predictive model.

The analysis revealed that the Support Vector Machine algorithm achieved the highest prediction accuracy at 71.65%. Twelve significant variables were identified for the best model namely, work type, root causes, delays from a contractor, extension of time, different site conditions, poorly written contracts, unit price determination, penalties, price adjustment, acceptances, delay of schedule, and extra payment claims. The study’s results surpass some existing models in the literature, highlighting the model’s robustness and practical applicability in forecasting construction dispute outcomes.

This study is unique in its consideration of various contract, dispute, and project attributes to predict construction dispute outcomes using machine learning techniques. It uses a fact-based dataset of arbitration cases from Türkiye, providing a robust and practical predictive model applicable across different regions and project types. It advances the literature by comparing multiple machine learning algorithms to achieve the highest prediction accuracy and offering a comprehensive tool for proactive dispute management.

The purpose of this study is to conduct a comprehensive systematic literature review using bibliometric approach to investigate the academic structure of World Trade Organization Dispute Settlement research.

The study examines the bibliographic information for 1,858 articles from Scopus and the Australian Business Deans Council-indexed journals published between 1995 and 2024 using Dimensions.ai and Google Scholar search engines. Exploratory-cum-descriptive research design with bibliometric approach is used to answer the stated literature review research questions.

The data shows a gradual decline in WTO-Dispute Settlement System (WTO-DSS) research relative to the total international business area in the three decades. Developed countries appear as key contributors to the research, with the USA and the UK standing out as the most productive and influential research countries. The study shows a significant change in the focus of this research corpus from legalized to non-legalized approaches, with a greater emphasis on transparency and environmental sustainability. The research identifies global politics and international trade law as influential subjects in the discipline.

To the best of the authors’ knowledge, the study is a first of its kind where bibliometric approach has been used to study the evolution of WTO-DSS literature. The study adds to the understanding of WTO Dispute Settlement research patterns and recommends future research options.

Clause 1 [General Provisions] contains the provisions that in many contracts are bundled together under the ‘miscellaneous’ or ‘other provisions’ heading and includes a list of definitions, some interpretation principles, rules on communication between the Parties, documents forming the Contract, assignment, confidentiality etc. But Clause 1 also contains other provisions, like the Employer's right to use documentation and other deliverables provided by the Contractor (in other contracts usually referred to as a license to use), and a substantive Sub-Clause on limitation of liability.

Clause 3 [The Engineer] contains the speci?c provisions for the Engineer, including the general requirements for the Engineer and their representative(s) and assistants, the replacement of the Engineer, the duties and authority of the Engineer and - importantly - the Engineer's role when managing the project, e.g. through instructions. In the 2017 edition, the Engineer's role as a ?rst venue for resolution of differences or disagreements between the Contractor and the Employer has been vastly expanded and the Sub-Clause covering this issue now runs to more than three pages rather than the two short paragraphs in the 1999 edition.

International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic, political and social influence, often intertwining them with public interest issues and implications in human rights violations. This paper aims to explore the profound influence exerted by TNCs in today’s globalized world and its implications for human rights and social responsibility within the framework of international investment law. Particularly, it acknowledges the vulnerability of economically weak South Asian states and cites past instances such as the Bhopal gas tragedy in India and the Rana Plaza disaster in Bangladesh as egregious violations of human rights. Focusing on South Asian bilateral investment treaties (BITs), this paper aims to examine the scope of investors’ social accountability.

This research engages with doctrinal and analytical methods in traversing through primary and secondary sources. It would parse the arbitral tribunals’ jurisprudence for their discussion on the inclusion of social accountability obligations within international investment agreements (IIAs). Further, it engages in a quantitative analysis related to the nature of the social accountability-related obligation of the corporation within South Asian BITs.

The findings reveal a glaring absence of the law on investors’ social accountability and the need for enhanced regulatory mechanisms to address the escalating influence of TNCs on human and social rights. The absence of a robust legal framework, coupled with the asymmetric nature of international investment law, granting investors greater rights and leverage compared to states, exacerbates this challenge. The phenomenon of “regulatory chill” inhibits states from effectively enforcing regulatory measures aimed at protecting human rights and the environment. Furthermore, the broad interpretation of clauses such as “fair and equitable treatment” by investment tribunals often undermines states’ ability to implement measures in the public interest. While international organizations such as the UNCTAD and the UNCITRAL Working Group III are actively discussing reforms to IIAs, the existing guidelines addressing investors’ social accountability are woefully lacking in the content as well as the method of their integration with international human rights law. The findings underscore the imperative for South Asian nations, the subject of this research’s empirical analysis, to adopt a comprehensive approach involving both domestic law reforms to promote corporate social accountability and active pursuit of negotiations for the inclusion of binding social obligations for investors within IIAs.

This research, drawing upon international law developments, offers suggestions for incorporation of social accountability provisions via relevant domestic law reform. The research could be viewed as a prelude for mapping the legal developments in the area of investors’ social accountability within investment agreements, as well as investment contracts, drawing guidance from international law instruments.

To the best of the authors’ knowledge, no other study analysed the scope of investors’ social accountability in South Asian BITs.

Equitable risk allocation is important for the effective management of inevitable risks in International Construction Joint Venture (ICJV) projects. Previous studies have documented risks facing ICJV projects. However, there is a dearth of studies on the risk allocation preferences that take into consideration the opinions of both the local and foreign partners. This study aims to fill this gap by ascertaining the risk allocation preferences of the partners of ICJV projects for effective risk management.

Through a survey, data on risk allocation preferences were collected from both local and foreign partners of ICJV projects using a comprehensive register of 74 risks.

Following analysis, six risks were allocated to the local partner, 11 were allocated to the foreign partner, 51 risks were shared, four were allocated to a third party and two were to be negotiated based on the specific circumstances of the project. Practically, the study’s findings will help ICJV partners in drafting their ICJV contracts to adequately allocate risks and reduce contract negotiation time considerably.

The findings from this study will help partners in drafting their joint venture contract agreement and also reduce the period for contract negotiation. Knowledge of the preferred risk allocation is important in allocating risks in the contract agreement to the relevant partner for effective management.

This study, to the best knowledge of the authors, is one of the early studies to ascertain the risk allocation preferences of ICJV project partners in the Ghanaian construction industry – a departure from previous studies which focused on the identification and evaluation of risks. This study is also different from previous studies by considering the allocation preferences of both partners of the ICJV. The collection of data from both partners of the ICJV helped to consider their perceptions on risk allocation and evaluation, essentially leading to cross-cultural and optimal risk allocation preferences.

The construction industry has arrived at a crossroads of rapid technological progress. While it is foreseen that the advent of new construction technologies will disrupt the construction industry’s future, such disruptions often create the ideal environment for innovation. As poor payment practices continue to plague the construction industry, the advent of smart contracts has created an opportunity to rectify the inherent flaws in the mitigation of payment problems in traditional construction contracts. Given the intrinsic resistance of construction firms to such revolutionary changes, this study aims to understand the various factors influencing the adoption of smart contracts in the Singapore construction industry.

A mixed method was adopted involving quantifying respondents’ perceptions of the factors influencing smart contract adoption, and validation from a group of interviewees on the matter. Out of 461 registered quantity surveyor members contacted via the Singapore institute of surveyors and valuers website, 55 respondents took part in the survey. This is followed by semi-structured interviews to validate the survey results.

The findings indicate that construction firms have neither a significant knowledge of nor willingness to adopt smart contracts. A total of 29 institutional factors were also identified that significantly influence the adoption of smart contracts. The quantitative findings were further reinforced by qualitative interviews with five industry experts.

With recognition of and the successful formulation of the significant institutional drivers and barriers, the key findings of this study will be integral in driving the commercial adoption of smart contracts within the construction industry.

The phenomenon of delayed payment to contractors, particularly in the construction industry, is a vital one and has implications for the health of economies of both developing and developed countries. However, the knowledge of this phenomenon seems patchy and scattered. This paper aims to provide a comprehensive overview of the knowledge on the subject matter with directions for future research.

A systematic literature review coupled with a scientometric analysis was used to identify the main strands of delayed payment to contractor research as a basis for qualitative analysis and directions for future investigations.

Current trends of delayed payment to contractor research are categorised into five broad themes, namely: causes, effects, mitigation measures, ethical and law and regulatory issues. On the basis of these themes, directions for future research are proffered.

To the best of the authors knowledge, this is the first attempt at providing a comprehensive and an integrated knowledge on delayed payment to contractor research with pointers for further investigation and policy directions.

Appendix B includes general guidelines for the preparation of Special Provisions, notes on drafting style and also an introduction of the FIDIC Golden Principles for drafting Special Provisions. Included is also a ‘Dos and Don'ts’ of drafting FIDIC based contracts. Finally, Appendix B includes suggestions for Special Provisions to consider when preparing a FIDIC Yellow Book based contract.