{"product_id":"chern-on-dispute-boards-isbn-9780470670330","title":"Chern on Dispute Boards","description":"A dispute board is a panel of impartial members, appointed at the outset of the construction contract, whose purpose is to monitor progress, resolve disputes as they arise and provide a forum for discussing difficult matters.\u003cbr\u003e This book provides an in depth analysis of dispute board law and detailed, practical explanations of how dispute boards work in construction contracts for those actively involved. as well as for those who need to learn the process. Important features of the book include:  \u003cp\u003eExplanation of how a dispute board works: Insider knowledge of board operations: Key documents to run a dispute board: Detailed discussion of dispute board law (covering key jurisdictions worldwide): Forms of practice and procedure, and sample documents\u003c\/p\u003e \u003cp\u003e\u003cb\u003eReviews of the previous edition\u003c\/b\u003e\u003c\/p\u003e \u003cp\u003e\"Chern's book provides an extremely practical guide, covering not only an introduction to the process but also providing check lists and sample documentation.... This book will be welcome by practitioners in the area and newcomers to the dispute board process.\"\u003cbr\u003e —\u003cb\u003e\u003ci\u003eThe International Journal of Arbitration, Mediation and Dispute Management\u003c\/i\u003e, November 2009\u003c\/b\u003e\u003c\/p\u003e \u003cp\u003e\"This book will provide a very useful, perhaps essential, guide to parties commissioning large capital construction projects, those advising them and those bidding to carry out such works, and importantly, the project funders.\"\u003cbr\u003e —\u003cb\u003e\u003ci\u003eThe Expert \u0026amp; Dispute Resolver\u003c\/i\u003e\u003c\/b\u003e\u003c\/p\u003e \u003cp\u003e\"This is a must-have book for grown up contractors\"\u003cbr\u003e —\u003cb\u003eTony Bingham, Building\u003c\/b\u003e\u003c\/p\u003e \u003cp\u003e\"His timely work …concentrating on what may prove to be the primary means of dispute resolution for major international construction projects is to be welcomed.\"\u003cbr\u003e —\u003cb\u003eHHJ Humphrey Lloyd, QC, The \u003ci\u003eInternational Construction Law Review\u003c\/i\u003e\u003c\/b\u003e\u003c\/p\u003e \u003cp\u003e\"This excellent book on Dispute Boards is a must for every construction lawyer, engineer, architect and contractor who is either involved in Dispute Boards or wants to be\"\u003cbr\u003e —\u003cb\u003eHerbert Wilson, \u003ci\u003eThe Journal of the Dispute Board Federation\u003c\/i\u003e\u003c\/b\u003e\u003c\/p\u003e  The Author xvi  \u003cp\u003ePreface xvii\u003c\/p\u003e \u003cp\u003eAcknowledgements xix\u003c\/p\u003e \u003cp\u003eChapter 1 The Dispute Board Concept 1\u003c\/p\u003e \u003cp\u003eChapter 2 Types of Dispute Boards 25\u003c\/p\u003e \u003cp\u003eChapter 3 Legal Basis for Dispute Boards 31\u003c\/p\u003e \u003cp\u003eChapter 4 Case Histories 70\u003c\/p\u003e \u003cp\u003eChapter 5 Appointing and Establishing a Dispute Board 79\u003c\/p\u003e \u003cp\u003eChapter 6 Selection of a Dispute Board 108\u003c\/p\u003e \u003cp\u003eChapter 7 Referral to a Dispute Board 155\u003c\/p\u003e \u003cp\u003eChapter 8 Elements of a Referral 168\u003c\/p\u003e \u003cp\u003eChapter 9 Site Visits 187\u003c\/p\u003e \u003cp\u003eChapter 10 The Hearing Process 213\u003c\/p\u003e \u003cp\u003eChapter 11 Board Member Conflicts 254\u003c\/p\u003e \u003cp\u003eChapter 12 Removal of Board Members 269\u003c\/p\u003e \u003cp\u003eChapter 13 Dispute Boards – Use, Training and Current Practice 276\u003c\/p\u003e \u003cp\u003eChapter 14 Development Banks 289\u003c\/p\u003e \u003cp\u003eChapter 15 Additional Forms 301\u003c\/p\u003e \u003cp\u003eAppendix 1 FIDIC (Red Book) Conditions of Contract for Construction 332\u003c\/p\u003e \u003cp\u003eAppendix 2 FIDIC (Yellow Book) Conditions of Contract for Plant and Design-Build 343\u003c\/p\u003e \u003cp\u003eAppendix 3 FIDIC (Silver Book) Conditions of Contract for EPC Turnkey Projects 353\u003c\/p\u003e \u003cp\u003eAppendix 4 FIDIC (Gold Book) Conditions of Contract for Design, Build and Operate Projects 363\u003c\/p\u003e \u003cp\u003eAppendix 5 Dispute Board Rules of the International Chamber of Commerce 375\u003c\/p\u003e \u003cp\u003eAppendix 6 Sample Oaths and Affi rmations 393\u003c\/p\u003e \u003cp\u003eAppendix 7 The Dispute Board Federation Dispute Adjudication Board Ad Hoc Rules for Use in Independently Administered Dispute Board Matters 395\u003c\/p\u003e \u003cp\u003eResources 406\u003c\/p\u003e \u003cp\u003eTable of Cases 407\u003c\/p\u003e \u003cp\u003eIndex 409\u003c\/p\u003e  \u003cb\u003eDr Chern\u003c\/b\u003e is a Barrister practising at Crown Office Chambers, London. Additionally he is a Chartered Architect, Fellow of the Chartered Institute of Arbitrators, Fellow of the Dispute Board Federation, Chartered Arbitrator, Accredited Mediator and Adjudicator and holds the degrees of BArch (Honours) in Architecture and Engineering and Juris Doctor. He has practised since 1972 specifically in the areas of engineering and construction disputes in the United Kingdom, the EU and internationally. As an adjudicator he is on numerous appointing bodies including the FIDIC President's List of Approved Adjudicators, The Dispute Board Federation (Geneva) Panel of Approved Dispute Board Members, and the Institution of Civil Engineers (ICE) Dispute Board panel. He has extensive experience in civil and structural engineering design issues, supervision of construction, contract management, construction insurance, arbitration, mediation, adjudication and other methods of dispute resolution. He has had over 580 engineering construction dispute references and has served on over 100 dispute boards in that time, acting as chairman on most occasions. He has over 40 years' experience in arbitration, mediation and adjudication and has handled complex international commercial and construction matters in over 20 countries worldwide located in North and South America, Europe, the Middle East, China, and Africa.\u003cbr\u003e Dr Chern is a member of various panels, groups and committees both in the United Kingdom and abroad including the FIDIC Adjudicators Assessment Panel and the Dispute Board Federation Advisory Panel, the Royal Institution of Chartered Surveyors (RICS) Dispute Resolution Committee, the Association Suisse de L'Arbitrage, the Civil Mediation Committee, the Society of Construction Arbitrators, and the Association of Consulting Engineers, and he is a Fellow of the Centre for International Legal Studies in Austria, Fellow of the Dispute Board Federation (Geneva) and its Secretary,  and a sustaining member of the Dispute Resolution Board Foundation in the United States. Additionally he is a dispute board trainer for both the FIDIC, the DBF, RICS, and International Chamber of Commerce (ICC) rules and procedures.\u003cbr\u003e In addition to this book, Dr Chern is the author of a large number of papers and articles on dispute boards, construction disputes, and mediation and is the author of \u003ci\u003eInternational Commercial Mediation\u003c\/i\u003e and \u003ci\u003eThe Law Of Construction Disputes\u003c\/i\u003e both published by Informa Publishing London. Additionally he is the co-author and subject editor for \u003ci\u003eEmden's Construction Law: ADR and Dispute Boards\u003c\/i\u003e published by LexisNexis Butterworths, London.  Dispute boards were first introduced a little over 20 years ago. Since then close to USD$130 billion worldwide has been spent on construction projects that have used dispute boards. Of these, 98 per cent were constructed without any court battles and of the remaining 2 per cent, the dispute board decisions were upheld by either arbitration and\/or the court: a truly impressive record. Yet very little is known about what dispute boards are and how they operate.  \u003cp\u003eThis book provides the knowledge necessary for those actively involved in dispute board work as well as for those who need to learn the process. Important features of the book include:\u003c\/p\u003e \u003cul\u003e \u003cli\u003eanalysis of the differences between dispute adjudication boards, dispute resolution boards and combined dispute boards;\u003c\/li\u003e \u003cli\u003ein-depth discussion of both the existing and historical international case law on dispute boards, including its history under the UK common law, European civil law and Islamic Sharia law;\u003c\/li\u003e \u003cli\u003eanalysis of the differences between the various major standard forms of dispute board rules – FIDIC, International Chamber of Commerce (ICC) and Dispute Board Federation (DBF) – along with sample wording to add to or modify these forms as needed;\u003c\/li\u003e \u003cli\u003eanalysis of how referrals are made to dispute boards and sample forms.;\u003c\/li\u003e \u003cli\u003ean in-depth discussion of the ethical requirements relating to dispute board members;\u003c\/li\u003e \u003cli\u003ecomparison of board selection techniques with guidelines for implementation and recommendations for the parties;\u003c\/li\u003e \u003cli\u003esample forms for use in establishing a dispute board;\u003c\/li\u003e \u003cli\u003ediscussion of site visits, how they should be conducted and sample forms;\u003c\/li\u003e \u003cli\u003egeneral forms for use in operating a dispute board, form agendas, form reports and their use;\u003c\/li\u003e \u003cli\u003ehow to use a dispute board as a sounding board for grievances;\u003c\/li\u003e \u003cli\u003ein-depth discussion of how to write a decision or recommendation with examples of actual dispute board decisions and recommendations;\u003c\/li\u003e \u003cli\u003edisclosure forms, questionnaires for potential board members, and comparison of board member agreements and sample forms;\u003c\/li\u003e \u003cli\u003ea discussion of how to effectively use witnesses and the preparation and presentation of witness statements in dispute board hearings;\u003c\/li\u003e \u003cli\u003eforms of notice and procedural rules governing the operation of dispute boards;\u003c\/li\u003e \u003cli\u003einternational case studies with claims, responses and decisions;\u003c\/li\u003e \u003cli\u003eenforcement of dispute board decisions;\u003c\/li\u003e \u003cli\u003eanalysis of situations requiring the removal of dispute board members and form agreements for their removal;\u003c\/li\u003e \u003cli\u003ediscussion of the use of dispute boards in areas other than construction.\u003c\/li\u003e \u003c\/ul\u003e","brand":"Wiley","offers":[{"title":"Default Title","offer_id":47988910751973,"sku":"NP9780470670330","price":245.95,"currency_code":"USD","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/1842\/7735\/files\/9780470670330.jpg?v=1761782019","url":"https:\/\/k12savings.com\/products\/chern-on-dispute-boards-isbn-9780470670330","provider":"K12savings","version":"1.0","type":"link"}