A CRITICAL ANALYSIS ON SUCCESS FACTORS OF ADJUDICATION AND ARBITRATION PRACTICES IN THE CONSTRUCTION INDUSTRY OF SRI LANKA

Abstract

Most of the construction contracts include Adjudication or Arbitration clauses. The construction industry needs a fast and cost effective means for dispute resolution. The desirable features of Alternative Dispute Resolution (ADR) are being fast, inexpensive uses, simplicity and flexibility. Arbitration Act No 11 of 1995 states different principles of UNCITRAL Model Law. To accomplish the aim and objectives of the research, a literature survey was conducted to find out available literature. The questionnaire was used in a survey to gather primary data from the people engaged in the construction industry. The analysis revealed the key success factors that affect the decision in the selection of adjudication and arbitration in Sri Lanka. The results of this study enable researchers to gain a better understanding on the current adjudication and arbitration practice, and suggestions for the development of adjudication and arbitration practice.

Keywords: Adjudication, Arbitration, Construction Industry, Disputes

For full Paper: fmscresearch@sjp.ac.lk