争议审查/裁决委员会:法庭诉讼之外的另一个选择

Milena Petrović
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引用次数: 0

摘要

争议委员会是一种相对较新的、国际公认的ADR方法,是国际建筑和基础设施合同的常规特征。它由缔约各方选出的三名独立和公正的人员组成。它的基本功能不仅是解决当事人之间的纠纷,而且如果可能的话,还要防止纠纷的发生。因此,董事会成员帮助双方避免或克服合同执行过程中出现的任何分歧或争议。它们还有助于确保在当事方之间的分歧升级为争端时,公平、迅速和尽可能具有成本效益地解决问题,以便为未来加强(而不是损害)关系。DBprocess被设计为快速、廉价且非常适合处理建筑纠纷。各方根据诚信、工作知识和争端解决经验精心挑选自己的专家组。争议委员会当然不是新事物,但过去二十年的经验证明,它们非常成功,相对便宜,是促进避免争议的唯一积极主动的ADR形式。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Dispute review/adjudication boards: One more alternative to court litigation
Dispute board is a relatively new, internationally recognised ADR method, a regular feature of international construction and infrastructure contracts. It is composed of three independent and impartial persons selected by the contracting parties. It's basic function is not only to resolve disputes among the parties, but also, if at all possible, to prevent them from happening. So, the board members help the parties avoid or overcome any disagreements or disputes that arise during the implementation of the contract. They also serve to ensure that, where differences between parties escalate into disputes, issues are resolved equitably and as expeditiously and cost-effectively as possible, so that relationships are enhanced (rather than harmed) for the future. The DBprocess is designed to be fast, cheap and well suited for construction disputes. The parties care fully pick their own panel based on integrity, knowledge of the work, and experience in dispute settlement. Dispute boards are certainly not new but experience over the last twenty years has proven them to be highly successful, relatively inexpensive and the only proactive form of ADR which promotes the avoidance of disputes.
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