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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.

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 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.

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.

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

Mediation is defined as a process, whether referred and agreed to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or any other expression of such similar import, whereby party or parties, request an independent third person referred to as mediator or mediation service provider to assist them in their attempt to reach a peaceful settlement of a dispute. The peaceful settlement of any dispute to be initiated, processed, guided and moderated in the process of successful mediation before parties, needs mediator to have four major new skills such as witness-awareness, stillness-concentration, empathy-motivation and a pragmatic-sensibility for fulfilling the aims and outcomes of mediation. These four skills are deeply inward and psychological, which can be accessed and empowered by an exercise of deepening experience called spiritual in content and application. However, a crucial interchange of meaning and value that very often come into this situation between spirituality and psychology is an important one to be mentioned here. The two seemingly distant disciplines of experience, one of psychology and another of spirituality lies in the orientation that an individual and a collective give to life and world as a whole. When life and world are accepted in totality, spirituality can be life-affirmative and world-embracing giving us a direction to the individual psychological states of though-emotion-sensation-behaviour complex to embrace and enhance values of inclusion, harmony and development at the collective and universal level. These psychological states, both individual and collective, gradually open the vision and mission of values to live within and outside, to be and to become, and finally manifest a future world of stability, order, richness and growing perfection by solving challenges that come to our existence. It makes life both spiritual and earthly. This chapter demonstrates that this kind of spiritual meaning, value and experience entering into and operating through psychological capacities give mediator four major new skills for easing the process and purpose of mediation exercise. One, an objective awareness to witness the proceedings of the mediation calmly within the conscious cognition and without having any bias and fixed beliefs towards any issues of the parties. Two, a stillness with sensory concentration to avoid unnecessary reactions or agitations that human nature is prone to in taking sides on issues or become lop-sided in approach and consequently affecting mediation's outcome of peaceful settlement. Three, an empathy that animates and motivates parties to look for win-win situation for both as against the adversarial method currently present in the legal system where one party loses and another party gains grounds, which results in bitterness in parties' relationships, rights and obligations. Four, a pragmatic sensibility or practical responsibility by which costs or damages or injuries of all kinds such as social, economic, profit-loss ratio, psychological or organizational stress etc., can be pre-calculated, meaningfully distributed and harmonized between parties by the mediator. With millions of pending legal cases in the existing system of the courts of law that are supposedly designed to provide access to justice and, unfortunately have become fragile as a result of severe shortage of resources of all kinds to deal with sheer quantity and intricate complexity of issues in the disputes, applied spirituality in mediation can pave way for easy, flexible, quick, cost-effective and satisfactory justice to both sides of the parties when these four major new skills are developed through application of spiritual experience and experiments in the whole process of mediation. The author explains in this article the method of acquiring these four major new skills in experiential form in any mediation scenario and the rationale for infusing applied spirituality in mediation. Author also discusses the Indian situation of mediation in the light of new developments sought for enhancing the alternative dispute resolution. At the end, this chapter demonstrates the bigger picture that represent the need of spirituality using these four major new skills while mediating challenges of sustainable development. It will be shown in the end how spirituality, sustainability and mediation for settlements of disputes of sustainable development have something common, core and collective. This is the premise based on which the relationship between applied spirituality and mediation in overcoming the challenges of sustainability are expressed with the help of intuitive, inspirational, integrative and intelligent actions for a sustaining our future age, new humanity and harmonious space.

The impact of building information modeling (BIM) on various aspects of project management has attracted much attention in the past decade. However, previous studies have focused on a particular facet of project management (e.g., safety, quality, facility management) and within identified target journals. Despite numerous existing studies, there is limited research on the mainstream research topics, gaps and future research directions on BIM in project management. This study aims to conduct a bibliometric and science mapping review of published articles on BIM in project management and to identify mainstream research topics, research gaps and future research directions in this domain.

A science mapping approach consisting of bibliometric search, scientometric analysis and qualitative discussion was used to analyze 521 journal articles that were retrieved from the Scopus database and related to BIM in project management. In the scientometric analysis, keyword co-occurrence analysis and document analysis were performed. This was followed by a qualitative discussion that seeks to propose a framework summarizing the interconnection between the mainstream research topics, research gaps and future research directions.

Six mainstream research topics were found including (1) BIM-enabled advanced digital technologies, (2) BIM-based reinforcement and enhancement, (3) BIM and project composition, (4) BIM project elements and attributes, (5) BIM-based collaboration and communication and (6) BIM-based information and data. Moreover, this study discussed six research gaps, namely, (1) integration of BIM and other digital technologies, (2) future maturity of BIM applications in project management, (3) application of BIM in project components and processes, (4) role of BIM application in project elements and attributes, (5) impact of collaboration and communication in BIM application and (6) stability of information and data interaction. Furthermore, future research directions were discussed.

The findings and proposed framework contribute to providing a deeper understanding to researchers, policymakers and practitioners in the development of related research and practice in the domain of BIM in project management, thus, promoting digital transformation in project management. Overall, it adds to the global knowledge domain in BIM and promotes the need for digital and data integration, BIM maturity and BIM collaboration.

Contract risk management has become a critical mission, as contract issues may lead to a loss of vast amounts of money to parties involved or cause project failure. This study sought to identify effective management strategies to mitigate construction contract issues that might emerge during construction.

A quantitative research approach was adopted for the study. Structured questionnaires made up of close-ended questions were distributed to construction professionals in South Africa via the SurveyMonkey platform. The data were then analysed using descriptive statistics.

The findings indicate that the critical sources of contract-related disputes are ambiguous definitions of the contract parties' scope of their rights and obligations, lack of precise arrangements regarding the calculation of contractual penalties for failure to meet the deadline, lack of detailed specification of the works and specific milestones, lack of provisions regulating changes to the project documentation during the construction stage, an excessive amount of contractual penalties on contractor's side and lack of provisions regarding the rules of performing additional and replacement works and their settlement. However, for these disputes to be effectively managed, strategies such as reduction uncertainties in project's phases, setting up contingency plans, construction guarantee, extension of time claims, payment guarantee, retention and escalation clause should be implemented by the parties involved.

Even though the empirical study focused on construction professionals in South Africa, the findings could be applied to other countries outside of South Africa.

To effectively manage and prevent contract disputes from averting project failures and losses to parties involved in the contract, construction professionals need to be aware of strategies that must be implemented before and during the project execution. If well implemented, these strategies will help a construction project be successful and experience fewer contractual disputes.

The study has identified the knowledge gap concerning suitable contract risk management strategies available for implementation to effectively prevent any contract parties from losing money, time and project failure.