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This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.

The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.

Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.

The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).

The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

Despite the availability of amicable means to resolve construction disputes, litigation remains a mainstream dispute resolution process in some countries. This tendency to litigate (TTL) calls for research to develop appropriate precautions to encourage stakeholders to resolve most commercial disputes through alternate dispute resolution (ADR) techniques. While a claimant's TTL arise from the individual, project and organisation preferences, this study, which can benefit both potential claimants and employers by saving time and money on litigation, identifies a bidder's financial parameters that may increase its litigation propensities, as a first step towards aiding employers to incorporate precautions to discourage such tendencies.

After the literature review, the theoretical construct proposed by Rachlinski's “framing theory of litigation” (based on Kahneman and Tversky's Prospects Theory) is used to explain organisation-level litigation decision-making. The study sources data from the financial statements of Indian construction/real estate firms, followed by panel regression analysis to test the theoretical construct's validity.

The results show that the TTL (risk-seeking behaviour) generally increases with a lower value of sales, higher assets and profitability. Interestingly, organisation-level cash flow shows an insignificant influence on litigation tendencies.

Knowing which financial parameters may increase litigation tendencies could help employers evaluate a bidder's propensity to litigate project disputes.

Researchers use financial statements to explore correlations among financial variables. However, in the construction context, there are no empirical studies with data from construction firms to understand potential litigation expenses compared to specific financial ratios.

Judiciary plays a pivotal role in the overall development of a nation's economy and its involvement assures process transparency and impartiality. However, litigation is often expensive, uncertain and prone to delays. Notwithstanding such inherent challenges associated with litigation, it is observed that parties in construction disputes do resort to litigation. This study attempts to understand the potential paths triggering litigation of contractual disputes in construction. While extant researchers have identified focus areas or factors influencing litigation, the underlying paths connecting these focus areas, leading parties to litigation, is explored in this study.

Considering the framework of Rachlinski's “framing theory of litigation” and the mixed-methods approach (qualitative and quantitative approaches), this study proposes and validates a model that identifies the paths to litigation of contractual disputes in construction.

The results of in-depth interviews, followed by validation through structural equation modelling (SEM), reveal four critical paths, namely positional focus (PF) – contract and dispute characteristics (CDC) – decision to litigate (DTL), milieu influence (MI) – CDC – DTL, MI-PF-DTL and CDC-DTL.

The identified paths highlight the areas policymakers can consider while developing policy interventions to mitigate litigation.

Researchers have identified factors causing litigation in construction. However, attempts to examine the existence of multi-factor “paths” on the decision to litigate (DTL) have hitherto received a muted response, so this study focuses on identifying the project-level path(s) leading to the litigation of contractual disputes in construction.

This study aims to examine the mutual influence of causes of variation orders (VOs), claims/disputes (CDs) on project performance (PP) and stakeholder performance (SP).

Firstly, this study identifies the VOs, the CDs, criteria for measuring the PP and criteria for measuring the SP. Then, a survey questionnaire is created to collect data from stakeholders in construction projects. Using the factor analysis method, this study discovers the constructs of the VOs, CDs, PP and SP. The relationships among the constructs are then uncovered using a structural equation model.

The research findings confirm that the VOs and CDs have a direct effect on the PP, as well as the PP’s effect on SP, whereas the VOs and CDs have no effect on the SP. It is strongly recommended that critical factors such as poor management, construction method change, design/scope problems, uncontrollable objective problems, impediment problems, lack of commitment among parties and lack of experience and competence of parties should be given special attention to improve the SP.

The results of the study fill the gap in knowledge by examining the mutual influence of the VOs, the CDs, the PP and the SP. Discovering the mutual influence will assist managers in improving the PP and the SP.

This study aims to explore the key challenges and drawbacks of smart contracts (SCs) and how they impact digital resilience within small and medium enterprises (SMEs). Whilst this type of technology is seen as a step forward in terms of traceability, transparency and immutability to increase digital resilience, we argue that it should be approached with trepidation.

In developing this paper, the authors conduct a systematic literature search using the Scopus database. Through this, we identified 931 relevant articles, of which 30 were used as the focus of this article. Thematic analysis was used as the analytical approach to develop themes and meaning from the data.

In this paper, there is an emphasis on the importance of understanding the potential risks associated with SC implementation, as well as identifying appropriate strategies for mitigating any negative impact. In our findings, we puts forward three key themes, namely legality, security and human error, which we argue are key smart contract challenges that impact SME digital resilience.

In this paper, we propose the notion of “centralised control in decentralised solutions”. This comes from the research highlighting SC weaknesses in digital resilience for SMEs. We argue that there is a need for standards, regulations and legislation to address these issues, advocating, ironically, a centralised approach to decentralised technology.

The digitization of electronic document management (EDM) in the construction industry has become more common in nature with the evolution of technology. However, there are still some limitations in EDM in the common data environment which can be improved with the integration of blockchain technology. The purpose of this paper is to identify the limitations of the current EDM system in the construction industry, to determine the potential of blockchain in improving the EDM system in the construction industry and challenges towards blockchain-based EDM.

Semi-structured interviews were conducted with nine (9) respondents with background from the construction industry and blockchain expertise. Content analysis was used to analyze the primary data.

Current EDM system in the construction industry possessed limitations such as system maturity, high cost, slow adoption of technology and security concerns. Blockchain is able to make improvements in the current EDM system in terms of data integrity, data tracking, data immutability, data security, data trustability, and data accountability. Several challenges such as costs, blockchain scalability and industry knowledge, industry culture and hardware need to overcome prior blockchain-based EDM systems can be widely applied in the construction industry.

The research findings provide insight on future EDM in the construction industry and aids future research in this field.

Building a smart city is a necessary path to achieve sustainable urban development. Smart city public–private partnership (PPP) project is a necessary measure to build a smart city. Since there are many participants in smart city PPP projects, there are problems such as uneven distribution of risks; therefore, in order to ensure the normal construction and operation of the project, the reasonable sharing of risks among the participants becomes an urgent problem to be solved. In order to make each participant clearly understand the risk sharing of smart city PPP projects, this paper aims to establish a scientific and practical risk sharing model.

This paper uses the literature review method and the Delphi method to construct a risk index system for smart city PPP projects and then calculates the objective and subjective weights of each risk index through the Entropy Weight (EW) and G1 methods, respectively, and uses the combined assignment method to find the comprehensive weights. Considering the nature of the risk sharing problem, this paper constructs a risk sharing model for smart city PPP projects by initially sharing the risks of smart city PPP projects through Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) to determine the independently borne risks and the jointly borne risks and then determines the sharing ratio of the jointly borne risks based on utility theory.

Finally, this paper verifies the applicability and feasibility of the risk-sharing model through empirical analysis, using the smart city of Suzhou Industrial Park as a research case. It is hoped that this study can provide a useful reference for the risk sharing of PPP projects in smart cities.

In this paper, the authors calculate the portfolio assignment by EW-G1 and construct a risk-sharing model by TOPSIS-Utility Theory (UT), which is applied for the first time in the study of risk sharing in smart cities.

This study aims to analyze notable distribution dispute cases from Islamic law history. The authors will assess these alongside resolutions proposed by historical authorities, some of which evolved into established Islamic case law. In addition, the authors intend to apply classic fair division rules to these cases, providing alternative solutions. Using a game-theoretical approach, the authors plan to compare Islamic solutions with traditional division rules through axiomatic analysis. The goal of this study is to systematically explore the unique principles underpinning Islamic distributions.

In this study, the authors collate Islamic inheritance law disputes involving conflicting claims, unresolvable by primary Islamic law sources, from historical and modern texts. The authors formally model these as claims problems, surplus-sharing problems and adapted claims problems. Concurrently, the authors gather the proposed solutions and historical backgrounds offered by the era’s authorities and jurists. These solutions are axiomatically generalized into rules, while the axioms characterizing distribution rules are checked if they are aligned with Islamic norms and values. This approach facilitates a comparison between Islamic distributions and classic division rules.

The 'Awl and Radd doctrines, used in Islamic inheritance law, are axiomatically equivalent to the Proportional Rule, a prevalent non-Jewish division rule. These doctrines present solutions impervious to manipulation by legal heirs through rights transfer, unlike other possible distributions. Ibn 'Abbas' solution for Awliyya cases uses sequential priorities and diverges uniquely from classic fair division rules in the literature. In addition, it is established that Abu Yusuf's (b. 729) distribution for a legal dispute is axiomatically identical to Abraham ibn Ezra's (b. 1089) division rule.

There is a noticeable dearth of comprehensive studies investigating contentious disputes concerning resource claims within Islamic law. Many of these studies are lacking in-depth analyses of diverse cases, casting doubts on their reliability. As a result, a robust focus is needed on case collection prior to any analytical process. Future research should concentrate on collating instances of fair division problems throughout Islamic history, as well as separately collecting methods of Islamic sharing. This procedure may lead to the characterization of various Islamic regulations, thereby emphasizing distinct Islamic principles. In forthcoming studies, conducting an exhaustive axiomatic evaluation of the cases and proposed resolutions is imperative.

This research illuminates existing knowledge gaps, setting a course for novel research trajectories. It underlines the fair division literature’s oversight of disputes within Islamic law, despite the plentiful existence of contentious cases. The research underscores the relevance of cooperative game theory as a tool for dissecting Islamic legal disputes. By accounting for unique Islamic norms and principles, this study lays a foundation for a nuanced comprehension of the dynamics and outcomes of legal disputes. By integrating an interdisciplinary approach, this research strives to bridge the gap between game theory and Islamic law.

Beyond addressing a significant research lacuna, this study carries extensive societal implications. By shedding light on enduring debates within Islamic law, it encourages a rejuvenated understanding of the evolution and interpretation of legal disputes. The axiomatic disparities between rulers’ and jurists’ methods provide invaluable insights within the Islamic context, bolstering the understanding of sociocultural dynamics that influence legal decision-making. This research has the potential to shape legal discourse, guide policymaking and spur scholarly, juristic and societal dialogue. Consequently, it may foster a more comprehensive and enlightened approach toward the resolution of legal disputes in Islamic law.

To the best of the authors’ knowledge, this study is the first to examine Islamic law’s historical legal disputes from a game-theoretical standpoint. Existing studies rarely collect distribution disputes systematically, and none scrutinize the axiomatic rationales underlying authorities’ and jurists’ distributions, opting instead to focus on historical backgrounds. While the fair division literature extensively examines disputes, it often overlooks those originating from Islamic law, which presents a rich source of disputes that can be modeled as fair division problems. This research makes a distinct contribution by incorporating disputes from Islamic law into the existing body of cooperative game theory literature.

The era of digital construction, including building information modelling (BIM), has placed a high demand for a seamless collaboration of people, technology and processes in meeting a project delivery. The project actors involved in a BIM process must ensure compliance with all regulations and contractual requirements from inception. While many studies have disclosed the various contractual implications arising from BIM implementation, little has been examined on the current state of BIM in contract administration practice, particularly in the Malaysian construction industry. This study aims to explore the current state of BIM implementation with specific reference to a design-and-build construction project.

The exploratory case study involved the construction of a public complex. Semi-structured interviews were carried out with the project actors, and document analysis was performed on the project’s contractual guidelines to derive the findings.

Findings from the thematic analysis revealed the following five sequences of activities that guided the contract administration practices, particularly during the pre-contract and post-contract stages of a BIM-based construction project: project inception, tendering phase, detailed design, construction and preparation for the handing over phase. Most of the activities were conducted to deliver the final BIM outputs successfully. Nevertheless, some shortcomings were noted in the project monitoring, the validation process of the BIM deliverables and the BIM players’ competency level in fulfilling the specified BIM contractual requirements.

The study contributes to a practical understanding of how BIM can affect project administration and how a public client can improve contractual risk allocation in future BIM implementation.

This paper discloses the current practices of contract administration to better understand the impacts of BIM management during the pre-contract and post-contract stages of a BIM-based construction project.

Previous studies have established to a great extent that regulatory frameworks and, in particular, procurement approaches – that are common in a particular context – have a major impact on the success of building information modelling (BIM) implementation in construction projects. Despite the close links between these two concepts, research on the effect of procurement approaches on BIM implementation is scarce. To address this gap, this paper aims to investigate the barriers that affect BIM implementation through the lens of procurement approaches.

A mixed-method approach was adopted using a questionnaire survey (n = 116) and interviews with key stakeholders (n = 12) in Jordan. The outcomes of the quantitative parts were augmented with findings from interviews.

It was revealed that the deployment of unfavourable construction procurement approaches represents a major hurdle towards BIM implementation. Though essential for enhancing BIM implementation, it is revealed that a fundamental change from the common design-bid-build (DBB) to more collaborative procurement approaches remains infeasible in view of the realities that govern the construction industry.

It was revealed the deployment of unfavourable construction procurement approaches represents a major hurdle towards BIM implementation. Though essential for enhancing BIM implementation, it is revealed that a fundamental change from the common DBB to more collaborative procurement approaches remains infeasible given the realities that govern the construction industry.

As the first of its kind, a set of recommendations for establishing supportive, workable procurement that does not deviate significantly from common procedures and practices is presented. Rather than advocating a shift to procurement approaches that are aligned with BIM, the findings offer novel insight into the necessity of developing a framework within the boundaries of the current and widely adopted procurement approaches to address the identified construction procurement issues and facilitate BIM implementation.