- Title
- The effectiveness of arbitration practice relative to South African construction
- Creator
- Bvumbwe, Chikumbutso
- Subject
- Arbitration, Industrial -- South Africa Dispute resolution (Law) -- South Africa
- Subject
- Construction industry -- South Africa
- Date Issued
- 2015
- Date
- 2015
- Type
- Thesis
- Type
- Masters
- Type
- MSc
- Identifier
- http://hdl.handle.net/10948/47981
- Identifier
- vital:40460
- Description
- The study investigated the arbitration practice relative to the South African construction industry. Most of the construction contracts include an arbitration clause in the contract document as an instrument to be used for resolving disputes. The aim is to resolve disputes between the parties with minimum costs and within a reasonable period. Some parties opt to involve legal counsel in the process which has a potential of affecting time and cost. The literature review focuses on arbitration, in the construction industry, with a particular focus on how effective the methods are in terms of cost, time and the relationship between the disputing parties, the impact of using legal counsel during the arbitration process versus not involving legal counsel, the arbitration clause not specifying when to declare a dispute, and the perception of construction professionals on arbitration. The study was based on closed-ended questionnaires distributed among senior construction professionals including, architects, quantity surveyors, construction managers, project managers and practising attorneys. 61 respondents completed the questionnaire. The respondents were asked to comment on the effectiveness of alternative dispute resolution, cost, time, causes of disputes, and impacts of disputes. The cost of arbitration seems to escalate as a result of legal counsel being involved during the arbitration procedures. The time factor also seems to be prolonged. A notable finding indicates that the arbitration clause in the contract document should specify when to declare the dispute. The survey was conducted and limited to the Gauteng Province in South Africa. Findings are of value to clients, contractors and consultants and provides a basis for addressing arbitration effectively in the construction industry.
- Format
- xi, 101 leaves
- Format
- Publisher
- Nelson Mandela Metropolitan University
- Publisher
- Faculty of Engineering, the Built Environment and Technology
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | CHIKUMBUTSO BVUMBWE.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |