Arbitration: A Case Study in the Construction Industry
| International Journal of Civil Engineering |
| © 2018 by SSRG - IJCE Journal |
| Volume 5 Issue 5 |
| Year of Publication : 2018 |
| Authors : Payal Dugane, Dr. Shrikant Charhate |
10.14445/23488352/IJCE-V5I5P111
How to Cite?
Payal Dugane, Dr. Shrikant Charhate, "Arbitration: A Case Study in the Construction Industry," SSRG International Journal of Civil Engineering, vol. 5, no. 5, pp. 58-63, 2018. Crossref, https://doi.org/10.14445/23488352/IJCE-V5I5P111
Abstract:
Arbitration is the process where the settlement of dispute occurs between two parties, one party is government body (Client) and another is private party (Contractor, supplier, service provider) and third person is arbitrator or arbitral tribunal. Arbitral award is final and binding upon the parties. If they are not agreeing regarding award then parties can claim under Section 35 Chapter VIII of Arbitration Act, 1996. Arbitration is a legal process where proper arbitral proceedings carried out. Construction dispute can arise from many factors: inadequate planning, changes in commodity prices, unexpected conditions at the work site, differing interpretation of contract language, and lack of communications among the parties in the project, these can affect the project and can ultimately lead to litigation. The main objective of this paper was to work on arbitration process and the consequences faced by the parties like the client, contractor and arbitrator. In this paper, interviews of various experienced clients and contractors were conducted based on which the questionnaire was designed. Along with that, the data of 10 railway projects of Panvel division were also gathered. The reliability of the questionnaire was checked by Cronbach’s alpha test which showed good consistency. Further, comparisons between ten railway projects which are gone through arbitration process were done.
Keywords:
Arbitration, Arbitral Tribunal, Dispute, Arbitration Act 1996, Cronbach’s alpha test
References:
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