Master of Science in Construction Law and Dispute Resolution

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Browsing Master of Science in Construction Law and Dispute Resolution by Author "Abeynayake M"

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    The Impact of judicial intervention on arbitral process in the construction industry of Sri Lanka
    (2019) Senarathna DR; Abeynayake M
    The characteristics of built environment activities are complexity and disputability in its own nature. This complexity drives most of the construction projects and contracts towards disputes between parties. Both the traditional way of litigation and alternative methods of dispute resolution practices in the construction industry. At present Arbitration alternative dispute resolution method (ADR) does not efficiently resolve disputes. as an This research examines the usage of Arbitration as an ADR method to resolve the construction disputes instead of traditional litigation and review on impact of judicial interference to Arbitral process in the construction industry in Sri Lanka. It also investigate how to improve the arbitration process by minimizing of judicial interference. Efforts have been made to recognise and examine problematic areas which are highly influencing the Arbitration. The survey has conducted in order to recognise priorities and to observe the extended appraisal of panel of industry experts who are actively engaged in Construction Arbitration. The panel consisted the professionals, consultants, construction resource persons. Current arbitration method and its practice hinders the advantages by intervene of judiciary which prolong its efficiency. The research is recommended for arbitration practice in Sri Lanka by reviewing the minimising of judicial interference. It proposes a well-planned Arbitration method which can avoid pitfalls in the current legal regime of the Arbitration practice in Sri Lanka. Further it seeks to suggest amendments to the Arbitration Act No 11 of 1995 to avoid discrepancies and minimise the challenging grounds of arbitral awards in the construction industry of Sri Lanka.
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    item: Thesis-Abstract
    Investigate the critical attributes and practical constraints affecting the effectiveness of arbitration in the construction industry of Sri Lanka
    (2022) Udana DI; Abeynayake M
    With the growing of the construction sector, construction disputes have been grown significantly. ADR methods including arbitration requires effective procedures of management in order to deliver fair awards to the clients. Still, few number of studies have been conducted on enhancing the effectiveness of arbitration, they had very little prioritisation on critical attributes and practical constraints. This research aims to enhance the effectiveness of arbitration method, which will ultimately help avoid disputes in the construction projects in Sri Lanka. The collected empirical data from expert interviews and two phase of questionnaire survey were analysed using content analysis and descriptive statistics respectively. The research's findings indicated twenty-five (25) attributes connected to the Sri Lankan arbitration framework, with ten (10) of them being deemed the most critical. In the arbitration, "information confidentiality" is the most critical attribute. Furthermore, the analysis uncovered twenty-one (21) severe practical constraints relating to the Sri Lankan arbitration context, with ten (10) of them being identified as the most essential. In the context of Sri Lankan arbitration, the top most severe restraint is "time demanding." To enhance most critical attributes, 14 handlings strategies were identified. Among them, arbitrators must properly manage the arbitration process, arbitrators must gather sufficient information from the parties to deliver a successful hearing, conducting an awareness program is required to enhance the success of the arbitration and clearly identify their role and responsibilities of arbitrators can be considered as most significant strategies to deal with specific attributes also the professionals must avoid the practical constraints.