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How do Construction Arbitrators make their decisions? A Perspective from Palestine
| Content Provider | Semantic Scholar |
|---|---|
| Author | Besaiso, Haytham |
| Copyright Year | 2017 |
| Abstract | The intent of this research is to explore arbitral decision-making in construction disputes. The main research question is ‘how’ construction arbitrators decide on the substance or on the merit of a dispute. This research relies on 12 semi-structured interviews with senior arbitrators. The research findings suggest that construction arbitrators rely heavily on the contract terms and conditions to determine a dispute, with little consideration given to the governing law. To a considerable degree, and particularly when arbitrators are drawn from the construction industry, their decisions are influenced by the industry’s norms (trade usages, business customs and commercial practice). The research findings also suggest that arbitrators lack a consistent approach to resolve disputes arising out of incomplete contracts. The background of an arbitrator emerges as a factor that influences arbitral decision making particularly when contracts are silent on the matter in dispute |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://www.constructionarbitrators.org/sites/default/files/Haytham%20-%20Norman%20Royce.pdf |
| Alternate Webpage(s) | https://www.constructionarbitrators.org/sites/default/files/Norman_Roye_Prize_paper_2017.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
