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Arbitration as a Dispute Resolution Method in the Swedish and German Construction Industry - An analysis of current methodologies -
| Content Provider | Semantic Scholar |
|---|---|
| Author | Magg, Matthias Schmitt, Kristin |
| Copyright Year | 2010 |
| Abstract | Regulations for alternative dispute resolutions can be found in the standard construction contracts in Sweden whereas Germany does not have such rules. On the other hand overloaded courts, time consuming procedures and unsatisfying solutions are daily matters in Germany. Differences of these two countries regarding arbitration are studied in order to find possible improvements. One of the reasons for this investigation are the time intensive court procedures which are not appropriate for construction projects which are unique, limited in time and budget and therefore require special knowledge. Arbitration as an alternative dispute resolution has been selected because of the closeness to litigation and binding decisions of the arbitration procedure. A theoretical analysis of the arbitration procedures in Sweden and Germany establishes a general introduction to the subject which offers the possibility of comparing the two countries. Additionally a field study had been done. Interviews with persons working in different positions have been accomplished and analyzed. This research clearly shows that Germany mainly does not use arbitration due to the problem of including additional parties and the fact that arbitration is an unknown und inexperienced method of solving problems. The inclusion of an arbitration clause into the standard construction contract in Germany can be one possible idea for improvement. Further ways of making changes to promote the implementation of arbitration are described in the recommendations. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://publications.lib.chalmers.se/records/fulltext/129993.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
