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Article
Publication date: 10 September 2024

Buse Un, Ercan Erdis, Serkan Aydınlı, Olcay Genc and Ozge Alboga

This study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 13 September 2024

Iqra Yaseen and Mohammad Shafi Sofi

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 24 September 2024

Pragha P., Thamaraiselvan Natarajan and Krantiraditya Dhalmahapatra

Recent growth of metaverse adoption has impacted the adoption of nonfungible tokens (NFTs) which is becoming increasingly attractive. Recently, researchers have explored the…

Abstract

Purpose

Recent growth of metaverse adoption has impacted the adoption of nonfungible tokens (NFTs) which is becoming increasingly attractive. Recently, researchers have explored the adoption of NFTs in metaverse platform. However, considering the risk involved in the transaction, the need for trust on NFT transaction arises. Drawing on trust transfer theory, this study aims to fill this gap by investigating the trust transfer process from trust on metaverse platform and online payment. Moreover, the moderating effect of perceived effectiveness of dispute resolution (PEDR) between trust and adoption of NFT transaction in metaverse platform is explored.

Design/methodology/approach

This study adopts an empirical approach using a questionnaire survey in India based on simple random sampling technique and is analyzed using structural equation modeling through the Smart PLS software.

Findings

The findings reveal that users with a higher trust disposition will trust the metaverse platforms, online payments and NFT transactions in the metaverse. Also, the study reveals that trust transfers from the metaverse platform and online payments toward NFT transactions in the metaverse, which further leads to the adoption intent of NFT. The study provides information for platforms on how the trust transfer process occurs and how to manage conflict resolution to attract the trust of users to use NFTs in their transaction.

Research limitations/implications

The study makes a valuable contribution by identifying the significant impact of trust disposition and social influence in explaining user trust in NFT transactions within the metaverse. Also, the study explores how established trust in conventional online payment mechanisms translates and contributes to trust-building on NFTs and transactional contexts within virtual worlds.

Practical implications

This study implies that ensuring robust security measures for NFT transactions, such as two-factor authentication, blockchain verification and secure wallets, can reassure users with different levels of trust disposition.

Social implications

Metaverse platforms should focus on educating users about how trust operates within their environment by providing tutorials, FAQs and support channels to help users navigate the process confidently. Highlighting security measures, user rights and privacy protections can enhance trust toward NFT payment.

Originality/value

To the best of the authors’ knowledge, this study contributes to research as it is the first of its kind study to explore the factors affecting adoption intent of NFTs transaction in metaverse platform using trust transfer theory. Thereby, developing substantial theoretical and practical contributions by considering an emerging technology.

Details

Digital Policy, Regulation and Governance, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2398-5038

Keywords

Article
Publication date: 28 August 2024

Sai Ramani Garimella and Soumya Rajsingh

International investment law governs matters related to transnational investments. The extensive reach of transnational corporations (TNCs) has granted them substantial economic…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Practical Implications

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.

Originality/Value

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

Details

Journal of International Trade Law and Policy, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 2 September 2024

Stephen Akunyumu, Frank D.K. Fugar and Emmanuel Adinyira

Equitable risk allocation is important for the effective management of inevitable risks in International Construction Joint Venture (ICJV) projects. Previous studies have…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Practical implications

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.

Originality/value

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.

Details

Journal of Financial Management of Property and Construction , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1366-4387

Keywords

Article
Publication date: 6 April 2023

Gao Shang, Low Sui Pheng and Roderick Low Zhong Xia

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

Construction Innovation , vol. 24 no. 5
Type: Research Article
ISSN: 1471-4175

Keywords

Article
Publication date: 3 March 2023

Ebenezer Adaku, Victor Osei-Poku, Jemima Antwiwaa Ottou and Adwoa Yirenkyi-Fianko

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…

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Originality/value

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.

Details

Construction Innovation , vol. 24 no. 5
Type: Research Article
ISSN: 1471-4175

Keywords

Open Access
Article
Publication date: 14 June 2023

Héctor Simón-Moreno

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of…

Abstract

Purpose

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.

Design/methodology/approach

The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.

Findings

The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.

Social implications

Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.

Originality/value

This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.

Details

Journal of Property, Planning and Environmental Law, vol. 16 no. 3
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 3 September 2024

Jonathan G. Ercanbrack and Ali Ali

This study aims to examine the extent to which traditional juristic approaches to determining intention in Islamic law are altered in the institutional framework and…

Abstract

Purpose

This study aims to examine the extent to which traditional juristic approaches to determining intention in Islamic law are altered in the institutional framework and standard-setting project of the Malaysian state.

Design/methodology/approach

The study used the transnational law theory, which views normativity as culturally, socially and religiously embedded. The development of norms, customs and laws is also contingent on self-maximizing behavior. The Sharīʿa Advisory Council’s interpretation of the bayʿ al-ʿīnah standard is a case study of this approach to the development of law.

Findings

This study shows that traditional approaches to determining the validity of an Islamic contract have been displaced by the institutional logic of the state, which prioritizes uniformity and certainty in law and reflects liberal, Western and capitalistic values. Islamic standard setting is part of the state’s objective to uniformize law due to the globalization of financial markets. The normative collisions in the standard-setting project produce a new jurisprudence based on the state’s uniform and purposive determination of a contract’s validity.

Research limitations/implications

Further research on institutional frameworks is needed to conceptualize how Islamic commercial principles and ethics can be incentivized in the state’s legal systems.

Originality/value

Few works, if any, have examined the interaction of the state’s institutional environment with jurists’ traditional approaches to determining contractual intention. Most scholarship assumes the decisive role of market forces, but the role of law and institutions in this context is under-researched.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1753-8394

Keywords

Book part
Publication date: 27 September 2024

Christopher W. Mullins

This chapter examines how the nature of World War I catalyzed significant changes in the laws of war, the Treaty of Versailles, the failed Leipzig Trials, and the multiple…

Abstract

This chapter examines how the nature of World War I catalyzed significant changes in the laws of war, the Treaty of Versailles, the failed Leipzig Trials, and the multiple treaties enacted in the 1920s, with particular focus on the Geneva Convention of 1929.

Details

A Socio-Legal History of the Laws of War
Type: Book
ISBN: 978-1-83753-384-8

Keywords

1 – 10 of 125