Chern on Dispute Boards (Construction Practice Series), by Cyril Chern
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Chern on Dispute Boards (Construction Practice Series), by Cyril Chern
Free PDF Ebook Online Chern on Dispute Boards (Construction Practice Series), by Cyril Chern
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.
Chern on Dispute Boards (Construction Practice Series), by Cyril Chern- Amazon Sales Rank: #2263359 in eBooks
- Published on: 2015-05-22
- Released on: 2015-05-22
- Format: Kindle eBook
Review
"This book offers a clear explanation of what a dispute board is, what it does and how it accomplishes its aims. Intended for novices as well as seasoned practitioners, it provides actual examples of the forms, reports, recommendations and decisions that daily occur on dispute boards worldwide." - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"The book is a thorough guide for anyone involved in the dispute board process whether as a party, a party representative or, indeed, a board member. The new edition of this book is to be welcomed as it remains one of the few authoritative works on dispute boards, which is an area which remains of signifi cant commercial importance." -Chantal-Aimée Doerries QC
About the Author
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.
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0 of 0 people found the following review helpful. A fourth way By Phillip Taylor MBE A ‘FOURTH WAY’ TO RESOLVE CONSTRUCTION INDUSTRY DISPUTES: THE DEFINITIVE WORK OF REFERENCE, NOW IN A NEW THIRD EDITIONAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersAs part of the Construction Practice Series published by Informa Law from Routledge, Taylor and Francis, this practice book which is now in its third edition, is well established as the definitive reference work for practitioners, particularly those at the Construction Bar.Even a cursory read of this eminently readable book should remind anyone, legal practitioner or not, that as author CyrilChern points out, ‘the construction industry has a reputation for disputes and conflict.’ This is not surprising when you consider the nature of any building project, from bungalow to bridge, tunnel or trans-continental railway. Large or small, such projects are collaborative, involving up to thousands of personnel and carried out under contract often against tight time constraints over lengthy time periods.If anything goes wrong, which it almost inevitably will, the need for swift and effective dispute resolution arises, especially in situations where the usual three routes of arbitration, mediation and most commonly, litigation prove impractical for any number of reasons.Enter the emergence of the Dispute Board. Having evolved since the 1980s approximately, the dispute board is ‘a creature of contract’, says Chern -- a ‘fourth way’ if you like, as a flexible alternative to the traditional methods of dispute resolution -- and generally one with teeth, i.e. -- with the authority and decision-making powers to get the disputatious parties to come to an agreement.This book offers a clear explanation of what a dispute board is, what it does and how it accomplishes its aims. Intended for novices as well as seasoned practitioners, it provides actual examples of the forms, reports, recommendations and decisions that daily occur on dispute boards worldwide.Traditional mediators and arbitrators take note that one of the most important differences between a dispute board and the usual methods of dispute resolutions is that the dispute board is appointed, not after a dispute arises -- but before.Set up at the beginning of a project rather than at the end, the dispute board is anticipatory and pro-active, rather than reactive to events and circumstances that may have happened long before. Also of vital importance is that the appointees to the dispute board are generally well known in the industry, with acknowledged expertise and active involvement in the administration of the project -- and the authority to influence its progress.The author Cyril Chern, an expert in this evolving field, is a practicing barrister and in addition to his formidable array of credentials, is also a Chartered Architect, Chartered Arbitrator and Accredited Mediator and Adjudicator, with over 40 years’ experience in handling commercial and construction matters in over twenty countries worldwide.‘The construction industry has a reputation for disputes and conflict’ he says, in which ‘most construction projects end in litigation.’ Therefore if you are a lawyer practicing at the Construction Bar, this book is an essential purchase.With its extensive tables of cases, statutes, plus seven appendices, this book is certainly an information-rich resource of research and experience. It proves conclusively the author’s view that ‘most construction projects should start with a dispute board’. Chern also makes the point that the concept of the dispute board can be used or adapted across any number of other industries, including financial services.The publication date of this new and up-to-date third edition is cited as at January 2015.
0 of 0 people found the following review helpful. Five Stars By Adriana Spassova Extremely helpful
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