Manuscript Title:

ENHANCED ROLE OF DISPUTE BOARDS UNDER FIDIC 2017

Author:

TARIQ K. ALHASAN

DOI Number:

DOI:10.17605/OSF.IO/S3TF

Published : 2022-05-10

About the author(s)

1. TARIQ K. ALHASAN - Lecturer in Commercial laws and Arbitration at Al-Ahliyya Amman University - Private Law Department - Faculty of Law, LLM in International Commercial Arbitration/ Jerash Private University, LLM/ Construction Contracts/ Al-Ahliyya Amman University.

Full Text : PDF

Abstract

Article 88 of Law No. 2 of the Republic of Indonesia on Construction Services provided for three phases of conflict resolution: (1) mediation, (2) conciliation, and (3) arbitration if a party failed to comply with the verdict. The study discovered that the number of dispute resolution iterations from the District Court to the Supreme Court and the judiciary is neither controlled nor limited. Litigation and arbitration results are less detailed than final and binding arbitration results. DIs were unwilling to use DIs in August 2017 due to a lack of DI recognition, no DBs, and high costs. A follow-up to Law 2/2017, passed in January of this year, discovered a change in the reasons for not using DIs previously indicated. The use of databases has benefited through government dissemination and training. The DS has two functions: decision-making and influencing the Presidential Elections Decree No 192/2014.To maintain their neutrality, DS members must be trusted and respected.


Keywords

FIDIC 2017; Construction Contracts, Dispute Avoidance; Arbitration; Amicable Settlement, The Engineer, ADR; DAB; DAAB.