Browsing by Author "Dharmawardhana, BC"

Now showing 1 - 4 of 4

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-Full-text
Comparative analysis of adjudication and arbitration methods in Sri Lankan construction industry
(Ceylon Institute of Builders, 2015-06) Abeynayake, M; Dharmawardhana, BC; Dharmawardhana, BC; Sandanayake, YG; Fernando, NG; Karunasena, GI
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-Full-text
Is ‘human rights’ the end or the means of sustainable urbanization?
(Ceylon Institute of Builders, 2015-06) Dharmawardhana, BC; Abeynayake, MD; Aashik, NFS; Sandanayake, YG; Fernando, NG; Karunasena, GI
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
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.