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Bick, P (1997) Statutory reform of aspects of construction law in Australia. Construction Management and Economics, 15(06), 549-58.

Brooker, P and Lavers, A (1997) Perceptions of alternative dispute resolution as constraints upon its use in the UK construction industry. Construction Management and Economics, 15(06), 519-26.

Chan, E H W (1997) Amicable dispute resolution in the People's Republic of China and its implications for foreign-related construction disputes. Construction Management and Economics, 15(06), 539-48.

  • Type: Journal Article
  • Keywords: alternative dispute resolution; arbitration; award enforcement; China; construction dispute
  • ISBN/ISSN: 0144-6193
  • URL: https://doi.org/10.1080/014461997372746
  • Abstract:

    A combined mediation/arbitration process is unique to the People’s Republic of China (PRC). This paper looks at how this amicable, out-of-court dispute resolution system works if the dispute is foreign-related, as defined under the Foreign Economic Contract Law. First, it outlines Chinese culture and its relation to the PRC legal framework and also to the amicable dispute resolution system discussed. Second, the system is appraised in the context of the uncertainty of the local judicial system. Third, distinctive features of domestic and foreign-related dispute resolution mechanisms are discussed by comparison with international practice. Finally, the amicable dispute resolution system for resolving construction disputes and its enforcement mechanisms are analysed, with statistical data to explain their implications for foreign investors in the construction industry of the PRC.

Fenn, P, Lowe, D and Speck, C (1997) Conflict and dispute in construction. Construction Management and Economics, 15(06), 513-8.

Kennedy, P, Morrison, A and Milne, D O (1997) Resolution of disputes arising from set-off clauses between main contractors and sub-contractors. Construction Management and Economics, 15(06), 527-37.

Stipanowich, T J (1997) At the cutting edge: conflict avoidance and resolution in the US construction industry. Construction Management and Economics, 15(06), 505-12.