Legal: Blowing the whistle on construction disputes

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  1. I do share your enthusiasm with regard to Dispute Avoidance Panels within commercially large projects, one such form is the Dispute Adjudication Boards (DABs). In a place like the UK where DABs are backed by Parliament under the Housing Grants, Construction & Regeneration Act of 96, the finality of DABs’ decisions is enforceable (unless either party shows dissatisfaction and decides to pursue other forms of ADR or go for litigation). As for the developing world, the enforceability of DABs decisions is questionable since there are no civil codes to back it up, in many cases. And so parties to a large construction dispute, commercial in particular, do lean on a good old arbitration clause rather than any form of avoidance panels, which is unfortunate.

    Hani El-Falahi

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