Articles - Alternative Dispute Resolution

"Recent trends in dispute resolution"

November 2011
Arbitration was the traditional default method of dispute resolution for the construction industry. However, the development of ADR, changes to the civil procedure rules and case management in the Technology and Construction Court, together with the huge impact of adjudication have changed the landscape of construction dispute resolution. In this paper, Nicholas Gould considers those recent trends in dispute resolution. It breaks a general overview of the range of dispute resolution techniques that are available in the industry. The key dispute resolution techniques are examined, including: negotiation, mediation and conciliation, adjudication, arbitration and litigation. Hybrid processes such as med–arb and dispute escalation clauses are also considered.

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"Dispute boards"

July/August 2011
This article, written by Nicholas Gould, looks at the developments of dispute boards, and then focuses on their categorisation and use and practice. It also looks at the applicable rules available internationally and, in particular, the use of dispute boards in FIDIC. Finally, some current issues are considered such as locating appropriate dispute board members, composition of the dispute board and the enforcement of dispute decisions.
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"Enforcing a Dispute Board’s decision: issues and considerations"

26 July 2011
This paper, written by Nicholas Gould, considers the enforcement of a Dispute Adjudication Board’s (DAB) decision by way of international commercial arbitration under the FIDIC forms of contract. It focuses on the contractual provisions of clause 20, and the relationship between a DAB’s decision, which is “final” or “final and binding” and the referral to arbitration under clause 20.6 or 20.7. A recent Singapore Court decision on this issue is also considered.

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"RICS Legal issues in Construction 2010"

November 2010
In this paper, Nicholas Gould looks at how mediation has become an established dispute resolution technique in the construction industry. Mediation can be expressly referred to in the construction contract, and as part of a dispute escalation clause. This paper considers not just the growth of mediation but also puts it in context by referring to adjudication as well as litigation and arbitration in the construction industry.

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"Mediating Construction Disputes: An Evaluation of Existing Practice" full report available for download

February 2010
"Mediating Construction Disputes: An Evaluation of Existing Practice" is the full report of the 2006-2008 research, headed up by Nicholas Gould and Claire King of Fenwick Elliott and conducted by the Centre of Construction Law and Dispute Resolution at King's College London and the Technology and Construction Court. Much more has been written about the theory of mediation, and its proper place in the avoidance and resolution of disputes in construction, than about its actual use; this report combines hard detail about its practice within UK construction litigation with a summary of the existing knowledge about mediation in the common law world and about its relation to other formal and informal methods of dealing with construction disputes. To download the report click here. To download a summary of the key points of the report click here.

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"The Mediation of Construction Disputes: Recent Research"

December 2009
The following article by written by Nicholas Gould, Partner, Fenwick Elliott was published in The Journal of the Dispute Resolution (volume 3 No 2)section of the International Bar Association. The same article was also published in Management, Procurement and Law publication (volume 163) of the Institution of Civil Engineers and it received coverage on the Practical Law website www.practicallaw.com
In this article Nicholas reveals the results of the research project of which he was leader, into the use of mediation in construction disputes conducted by King's College London and the Technology and Construction Court.

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Adjudication	Arbitration & litigation
Contract issues	Other

Articles - Alternative Dispute Resolution

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