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Case Law: Dispute Boards.

Publication: Mondaq Business Briefing
Publication Date: 07-NOV-06 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The case: General discussion of dispute boards.

The issue: Identifying the various types of dispute board and the advantages that may be brought.

The implication: Dispute boards are growing in popularity, with increasing experience of their effectiveness in dispute management and avoidance.

Dispute boards

Incorporating a dispute board into a construction contract is not a new idea, but its use is becoming more commonplace.

A key distinction between dispute boards and all other forms of dispute resolution, including ADR (alternative dispute resolution), adjudication, arbitration and litigation, is that a dispute board is normally set up at the outset of a project, with the intention that it operates actively throughout the whole period of the contract, not only to resolve disputes, but also to prevent them from happening.

Other forms of dispute resolution plainly do not come into operation unless, and until, a dispute arises and one of...

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