Workshops, Seminars, Symposiums & Conferences

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item: Conference-Abstract
Arbitration as an alternative dispute resolution method in the construction industry of Sri Lanka
Abeynayake, MDTE; Weddikkara, C; Construction Industry; Dispute Resolution.
The construction industry in Sri Lanka covers a complex and comprehensive field of activities. Disputes might arise at any point during the construction process. Dispute resolution systems are changed with the interaction of the parties. Arbitration is a voluntary procedure available as an alternative resolution to litigation, however not enforceable as the means of settling disputes except where the parties have entered into an arbitration agreement. Construction claims tend to be of the most technical nature - intensive and multifaceted than most other commercial disputes. The desirable features of arbitration are fast, inexpensive, fair, simple, flexibility, confidentiality, minimum delay. Sri Lanka Arbitration Act No. 11 of 1995 stated arbitration principles and UNCITRAL Model Law. However, there is a necessity to reviewing and improving of the arbitration practice periodically in order to minimise the cost and complexity of the procedure. This research is ultimately aims to assess significant attributes of arbitration in construction industry of Sri Lanka. This paper reports on findings gained from the literature review and preliminary survey conducted to explore the current status of arbitration as an alternative dispute resolution method in Sri Lankan construction industry. Current findings indicate that the construction professionals have minimum level of satisfaction on the current arbitration practice; however, they believe that arbitration is an effective mechanism for dispute resolution. The results of this study enabled to gain an understanding on the current arbitration practice and its significance and offer suggestions to improve s in the Sri Lankan construction industry.
item: Conference-Full-text
Comparative Analysis of Adjudication and Arbitration Methods in Sri Lankan Construction
(2015-08-20) Abeynayake, MDTE; Dharmawardhana, BC
Construction claims are more technical intensive and multifaceted than other commercial disputes. The construction industry needs a fast and cost effective method for dispute resolution. Although the area of dispute resolution has been widely discussed and heavily researched, few studies have been conducted with respect to this research area in the Sri Lankan context. The aim of this study is to compare and contrast adjudication and arbitration methods use in Sri Lankan construction industry. To accomplish this aim, a literature survey would be conducted to find out available dispute resolution methods and the extent to which research has been carried out on arbitration and adjudication method. The developed questionnaire would be used to gather primary data from the professionals and the collected data would be analyzed using of statistical tools. Further, factors that can be used to compare arbitration and adjudication methods are presented in the latter part of the literature review. Semi structured interviews were carried out using the factors identified from literature review. The results of this research enable researchers to gain a better understanding on the current adjudication and arbitration methods, recognize significance of critical factors and suggestions for the development of adjudication and arbitration methods in the construction industry of Sri Lanka. The findings of this research indicate that the professionals who involve in the construction industry have overall average level of satisfaction on the current practice of adjudication and arbitration, however they believe that adjudication is an effective mechanism for dispute resolution rather than arbitration. It further revealed that the modernised stair-step model of dispute resolution strategy is the best. The research further makes recommendations in order to make ADR methods more effective and efficient.
item: Conference-Abstract
A Critical analysis on success factors of adjudication and arbitration practices in the construction industry of Sri Lanka
Abeynayake, MDTE; Weddikkara, C
Most of the construction contracts include Adjudication or Arbitration clauses. The construction industry needs a fast and cost effective means for dispute resolution. The desirable features of Alternative Dispute Resolution (ADR) are being fast, inexpensive uses, simplicity and flexibility. Arbitration Act No 11 different principles of UNCITRAL Model Law. . To accomplish the aim and objectives of the research, a literature survey was conducted to find out available literature. The questionnaire was used in a survey to gather primary data from the people engaged in the construction industry. The analysis revealed the key success factors that affect the decision in the selection of adjudication and arbitration in Sri Lanka. The results of this study enable researchers to gain a better understanding on the current adjudication and arbitration practice, and suggestions for the development of adjudication and arbitration practice.
item: Conference-Full-text
Dispute Adjudication Board as an ADR Method in the Construction Industry of Sri Lanka
(2015-08-20) Abeynayake, MDTE
Unresolved disputes can lead to project delay, increased tension and can damage long term business relationship. As a result, Alternative Dispute Resolution (ADR) methods were evolved during the passage of time to resolve construction disputes. Dispute Avoidance Procedures, which include Dispute Review Boards (DRB) and Dispute Adjudication Boards (DAB) are used in the construction industry since those methods are encourage parties to resolve their disputes at site level. The DAB first started to use in Sri Lanka after the FIDIC (1999) red book was introduced to use and due to the insistence of the World Bank and Asian Development Bank as funding agencies for the mega development projects. Although many research papers of foreign countries stated that their success with the DAB, Sri Lankan construction industry mostly practiced adjudication in ad-hoc manner. This research was carried out to provide suggestions to overcome the barriers to implement the full term DAB method in Sri Lanka. Therefore, it is indeed necessary to find out the genuine reasons behind the reluctance of stakeholders in Sri Lankan construction industry towards ADR methods and why stakeholders even do not use adjudication which has been recognized as an effective and efficient ADR method, elsewhere in the world. Questionnaire survey was carried out among contractor and consultant organisations and semi structured interviews were carried to gather descriptive answers from them. The research revealed the barriers to implement the full term DAB in Sri Lanka and provides suggestions to overcome those barriers. The research would also be conducted based on the provisions in Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer (FIDIC 1999) first edition and Standard Bidding Document Procurement of Works Major Contracts (ICTAD/SBD/02) second edition. A pivotal conclusion of this research is that the stakeholders in the construction industry prefer “adjudication” as an effective ADR method.
item: Conference-Full-text
Is ‘Human Rights’ the End or the Means of Sustainable Urbanization? Buddini Chatumaduri Dharmawardhana, Mahesh Devinda Abeynayake and Nazeer
(2015-08-20) Dharmawardhana, BC; Abeynayake, MDTE; Sabrina, ANF
Urbanization is one of the inventible phenomena in the 21st century. People migrate to urban areas due to social, cultural, environmental, political and economic reasons. Rapid and unplanned urbanization lead to huge social, economic, cultural and environmental challenges. Therefore, sustainable development, more particularly sustainable urbanization is required in order to prevent adverse effects of rapid and unplanned urbanization. In other words development that meets the needs of the present generation without compromising future generations to meet their own needs as emphasized by the Brutl and Commission should be an essential feature in the urbanization process. It is apparent that urbanization causes serious violation of human rights including social, economic, cultural, civil and political rights which are indivisible and interdependent. These violations of human rights can be prevented through sustainable urbanization. In other words, achievement of sustainable development and sustainable urbanisation guarantees the human rights of people. Also on the other hand it is argued that rights-based approach is the best method to achieve sustainability. The objective of this paper is to evaluate as to whether the ‘Human Rights’ is the end result of sustainability or whether ‘rights-based’ approach is the way to achieve sustainability. In concluding the paper it is noted that ‘human being’ should be the paramount consideration and central concern of development and ‘Human Rights’ is the “END” as well as the “MEANS” of sustainable urbanization.
item: Conference-Full-text
The Legal Framework for Design Liability in Building Information Modelling
(2015-08-24) Dissanayake, TL; Jayasena, HS; Abeynayake, MDTE
Building Information Modelling (BIM) is a solution to achieve productivity, efficiency, life cycle enhancement and sustainability in the construction industry. It also promotes the two symbiotic factors information sharing and collaborative approach among the professionals. Transference from the conventional practice to BIM will make the design liabilities change and create legal uncertainties among the professionals. This was expected to be acting as an obstacle to achieve the desires in BIM’s wider adoption and a suitable legal framework was found to be necessary. The solutions for the legal uncertainties arising from the new environment needs to be formulated and on the other hand in order to adopt BIM in an effective manner it requires identifying of these legal uncertainties and provides a clear vision for the client and the design team on how they should work in the changed environment. With this prime intention, this research was conducted adopting mixture of legal and scientific research methods. Initially preliminary literature synthesis was carried out which discussed the present legal environment with the expected change through BIM. The legal analysis was carried out following the flexible iterative style where the researchers’ opinion blends with the experiences from primary sources of law to build up the tentative hypothesis. Through semi structured interviews with a group of experts representing different proficiencies in the construction industry, this tentative hypothesis was tested; the collected data from construction industry experts were subjected to content analysis based on opinions and suggestions, these findings were then interpreted to identify the suitable legal framework. The legal framework which was identified includes the preventive mechanism of negligent acts, liabilities of the human factor, process and enforceability, actions, proposed provisions and suggestion. Hence, this framework is recommended to be implemented in the BIM environment.
item: Conference-Abstract
Usage of alternative dispute resolution methods for settlement of labour disputes of manufacturing industry in Sri Lanka
Soorige, SDA; Abeynayake, MDTE
Agreements and Industrial Courts are utilized for settlement of labour disputes in manufacturing organizations in Sri Lanka instead of litigation where applicable. Thus, this study aims to identify ‘to what extent manufacturing industry in Sri Lanka practices ADR methods’. The aforesaid research problem was approached through a multiple case study including three manufacturing organizations in Sri Lanka. Semi structured interviews were utilized for data collection considering both employer and employee perspectives. Findings of the case study survey revealed that usage of ADR methods was lesser comparing to the usage of litigation even though the arduous litigation process provides considerable of drawbacks. As a result of that organizations do not receive benefits of using ADR and the native drawbacks of the litigation process are there. Further findings revealed that ineffectiveness incorporated in to current ADR system was the major reason for the less usage. In this research improvements are recommended for development of ADR to achieve strong position with effective settlements which leads to increase the usage of ADR. When the usage is increasing, simultaneously organization will be benefited in two ways with reduced litigation drawbacks and benefits of ADR. This study will provide information for authorized persons about current ADR practice and areas where further improvements are required. The study emphasizes business managers and employees the significance of using ADR instead of litigation practices where applicable.

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