Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari'ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs.
Readers of this this updated third edition will have explained to them the various international formats and types of dispute boards in use today and be brought up-to-date on the ever evolving law within the field. New to this 3rd edition is the extensive coverage of appeals from Dispute Board Decisions, the laws relative to appeals and the ICC, enforcement procedures and new forms and guidelines for the practitioner.
This book guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. It is therefore, the number one guide for construction lawyers, engineers and dispute board stakeholders worldwide.
Dr Cyril Chern is a Barrister practising at Crown Office Chambers, London. He has practised since 1972 specifically in the areas of engineering and construction disputes in the United Kingdom, the EU and internationally. Not only is he a highly praised and respected Barrister, he is also a Chartered Architect, Chartered Arbitrator, Accredited Mediator and Adjudicator, and has written widely on Mediation, Construction Disputes and Construction Law. He also teaches Dispute Board Course for the World Bank / IFC, FIDIC and the Dispute Board Federation (Geneva) as well as the comprehensive advanced FIDIC contracts course and commercial mediation for the Bar Council Mediation seminar, the World Bank, the IFC, and the DBF.
Chapter 1. The Dispute Board Concept Chapter 2. Types of Dispute Boards Chapter 3. Legal Basis for Dispute Boards Chapter 4. Case Histories Chapter 5. Appointing and Establishing a Dispute Board Chapter 6. Selection of a Dispute Board Chapter 7. Referral to a Dispute Board Chapter 8. Elements of a Referral Chapter 9. Site Visits Chapter 10. The Hearing Process Chapter 11. Board Member Conflicts Chapter 12. Removal of Board Members Chapter 13. Dispute Boards - Use, Training and Current Practice Chapter 14. Development Banks Chapter 15. Enforcement Issues Chapter 16. Time-bar Clauses, Special Situations and Pitfalls Chapter 17. Mistake, Misrepresentation, Uncertainty and other issues Chapter 18. New Trends Chapter 19. Additional Forms