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2020, vol. 2, iss. 2, pp. 99-114
Dispute review/adjudication boards: One more alternative to court litigation
n/a

emailspetrovickg@sbb.rs
Keywords: dispute board; dispute; recommendation; decision
Abstract
Dispute board is a relatively new, internationally recognised ADR method, a regular feature of international construction and infrastructure contracts. It is composed of three independent and impartial persons selected by the contracting parties. It's basic function is not only to resolve disputes among the parties, but also, if at all possible, to prevent them from happening. So, the board members help the parties avoid or overcome any disagreements or disputes that arise during the implementation of the contract. They also serve to ensure that, where differences between parties escalate into disputes, issues are resolved equitably and as expeditiously and cost-effectively as possible, so that relationships are enhanced (rather than harmed) for the future. The DBprocess is designed to be fast, cheap and well suited for construction disputes. The parties care fully pick their own panel based on integrity, knowledge of the work, and experience in dispute settlement. Dispute boards are certainly not new but experience over the last twenty years has proven them to be highly successful, relatively inexpensive and the only proactive form of ADR which promotes the avoidance of disputes.
References
Chern, C. (2015) Chern on dispute boards. New York: Informa Law from Routledge, 3 th edition
Dorgan, S.C. (2005) The ICC's new dispute board rules. Intern. Construction Law Review
Goodrich, M. Dispute adjudication boards: Are they the future of dispute resolution?. https://www.whitecase.com/publications/article/dispute-adjudication-boar-ds-are-they-future-dispute-resolution
Gould, N., Lockwood, C. (2014) Dispute board rules chartered institute of arbitrators: Introduction practice and standard committee. Chartered Institute of Arbitrators, Practice and Standard Committee, August, https://www.fenwickelliott.com/sites/default/files/dbr.pdf
Gould, N. (2012) Enforcing a dispute board's decisions: Issues and considerations. dostupno na: www.fenwickelliott.co.uk
Hunt, R. Dispute resolution boards. dostupno na: www.roberthuntbarrister.com/Dispute. pdf
McEniry, G. (2010) It's time for more DRBs in Canada. Revay Report, Vol. 29, No. 2, June
Rayment, S. (2018) The use of dispute boards for international disputes. dostupno na:www.systech-int.com/use-dispute-boards-international-disputes
Rudić-Dimić, Lj. FIDIC ugovori kao najviši standardi u građevinarstvu. dostupno na: https://www.legeartis.rs/fidic-ugovori-kao-najviši-standardi-u-građevinarstvu/
Volker, M. (2006) Why international dispute settlement institutions should offer ad hoc dispute board rules. ICLR
 

About

article language: Serbian
document type: Review Paper
DOI: 10.5937/RKSPP2002099P
received: 04/10/2020
accepted: 31/10/2020
published in SCIndeks: 25/12/2020

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