Contract Dispute Resolution

Author : Steven Baker,Lawrence Akka,Rachel Glass
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 43,7 Mb
Release : 2018-03-30
Category : BUSINESS & ECONOMICS
ISBN : 9781784710125

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IT Contracts and Dispute Management by Steven Baker,Lawrence Akka,Rachel Glass Pdf

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.

Author : Aspatore Books
Publisher : Unknown
Page : 142 pages
File Size : 50,5 Mb
Release : 2008
Category : Law
ISBN : 0314195548

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Contract Dispute Resolution by Aspatore Books Pdf

Contract Dispute Resolution is an authoritative, insider's perspective on best practices for utilizing ADR to resolve contractual disputes. Featuring partners and chairs from some of the nation's leading law firms, these experts guide the reader through the commonly-disputed contractual issues in a variety of industries, including construction, employment, real property, and cross-border transactions, and describe the most successful methods of resolving these types of disputes. These top lawyers give tips on structuring contract language, establishing procedural rules for the alternative dispute resolution process, choosing the right form of ADR, and preparing presentations. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this complex area of law.

Author : D.G. Carmichael
Publisher : CRC Press
Page : 456 pages
File Size : 41,7 Mb
Release : 2002-01-01
Category : Technology & Engineering
ISBN : 9058093263

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Disputes and International Projects by D.G. Carmichael Pdf

This unique book focuses on a number of issues to do with contractual disputes – avoidance and resolution – within projects, and provides this in an international context. All disputes cost money and time, without adding value to the project and some disputes appear to be unavoidable. Disputes can however be managed so as to reduce the negative impact that they have and some can even be avoided by adopting appropriate practices in a timely manner. This book covers; Dispute avoidance practices and non-adversarial projects, as well as issues of trust, goodwill and cooperation. A framework for negotiation, and a range of alternative methods of dispute resolution. Case studies, involving single and multiple cultures.

Author : Barry B. Bramble,Mark D. Cipollini
Publisher : Transportation Research Board
Page : 52 pages
File Size : 53,9 Mb
Release : 1995
Category : Law
ISBN : 0309058589

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Resolution of Disputes to Avoid Construction Claims by Barry B. Bramble,Mark D. Cipollini Pdf

This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.

Author : Sarah Lupton
Publisher : Routledge
Page : 231 pages
File Size : 48,6 Mb
Release : 2019-08-08
Category : Architecture
ISBN : 9781000701456

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Guide to JCT Design and Build Contract 2016 by Sarah Lupton Pdf

Guide to JCT Design and Build Contract 2016, the new edition of the author's ever popular Guide to DB11, is a practical guide to the operation and administration of the JCT Design & Build Building Contract suite 2016. All of the contract's provisions, procedures and conditions are organised and explained by subject, clearly distinguishing the different obligations due to various parties and the contractual issues arising during the course of a job - all backed up by the latest legislation and case law. Not only is this an indispensable reference for the hard-pressed practitioner, but, assuming no prior knowledge of JCT contracts or the law, it is also ideal for architecture and other construction students on the threshold of undertaking their professional exams.

Author : Alberta
Publisher : Unknown
Page : 30 pages
File Size : 41,7 Mb
Release : 1997-01-01
Category : Construction contracts
ISBN : 077850087X

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Dispute Resolution Process for Government of Alberta Construction Contracts by Alberta Pdf

Author : Maryam Salehijam
Publisher : Routledge
Page : 218 pages
File Size : 45,7 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781000262360

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Mediation and Commercial Contract Law by Maryam Salehijam Pdf

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Author : Diana Holtham,Victoria Russell,Diana Hird
Publisher : Chartridge Books Oxford
Page : 189 pages
File Size : 43,8 Mb
Release : 1999
Category : Technology & Engineering
ISBN : 9781902375311

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Resolving Construction Disputes by Diana Holtham,Victoria Russell,Diana Hird Pdf

Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication

Author : P. Fenn,R. Gameson
Publisher : Routledge
Page : 456 pages
File Size : 43,5 Mb
Release : 2003-09-02
Category : Architecture
ISBN : 9781135827076

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Construction Conflict Management and Resolution by P. Fenn,R. Gameson Pdf

This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.

Author : Nicholas Gould
Publisher : Thomas Telford
Page : 298 pages
File Size : 41,6 Mb
Release : 1999
Category : Construction industry
ISBN : 0727728466

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Dispute Resolution in the Construction Industry by Nicholas Gould Pdf

"The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved

Author : Mahmood Bagheri
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 46,5 Mb
Release : 2000-12-06
Category : Business & Economics
ISBN : 9789041198105

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International Contracts and National Economic Regulation:Dispute Resolution Through International Commercial Arbitration by Mahmood Bagheri Pdf

The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

Author : Horst Eidenmüller
Publisher : Bloomsbury Publishing
Page : 524 pages
File Size : 42,6 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781782251217

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Regulatory Competition in Contract Law and Dispute Resolution by Horst Eidenmüller Pdf

In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

Author : Rosen, Velazquez
Publisher : Wolters Kluwer
Page : 2320 pages
File Size : 42,5 Mb
Release : 2019-06-16
Category : Arbitration agreements, Commercial
ISBN : 9781543813241

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Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition by Rosen, Velazquez Pdf

With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782

Author : Edward Davies,Peter Fenn,Michael O'Shea
Publisher : Routledge
Page : 888 pages
File Size : 43,7 Mb
Release : 2005-10-05
Category : Architecture
ISBN : 9781135807542

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Dispute Resolution and Conflict Management in Construction by Edward Davies,Peter Fenn,Michael O'Shea Pdf

Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Author : John Kendall
Publisher : Unknown
Page : 216 pages
File Size : 54,5 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105060005415

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Dispute Resolution by John Kendall Pdf

The potential of Alternative Dispute Resolution in different types of dispute is being increasingly investigated. This text discusses references to experts as a major method of resolving disputes. Chapters cover such topics as land, shares in private companies, enforcing the decision and tactics.