Investigate the most suitable professional to be an arbitrator in the Sri Lankan construction industry

Abstract

Construction projects are performed in the construction industry under numerous legal agreements involving various parties. Mechanisms for resolving conflicts are required for the successful completion of construction projects. The merits of adopting Alternative Dispute Resolution (ADR) processes depend on the terms of the contract and the preferences of the disputing parties. Currently available studies fail to resolve the disagreement between the key competencies possesses that each of the professionals who serve as arbitrators for the construction industry Sri Lanka. Few authors, however, have conducted systematic studies on the critical competencies required for an arbitrator to succeed in their profession and provide the best, unbiased resolution after the arbitration process. In the Sri Lankan construction industry context, this illustrates the imperative requirement to evaluate and appreciate the qualifications of professionals in the industry. Thus, this study aims at the suitability of professionals as arbitrators in the construction industry based on their competencies. The research apprehends a qualitative approach, and the objectives were achieved through a literature review and sixteen (16) semi-structured interviews among arbitration professionals in the construction industry. Selected professionals for this study are Engineers, Quantity Surveyors, Architects, and Lawyers. The findings illuminated suitability, not suitability, and any modifications needed of those selected professionals. Furthermore, there is a comprehensive comparison of competencies required by an Arbitrator and the competencies of selected professionals for this study. Finally, the findings recommended the most suitable professional for the construction industry arbitration.