LEGAL AFFAIRS SECTION
Oct 1, 2007

Dispute Review Boards: Expected Application on Egyptian Large-Scale Construction Projects

Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 133, Issue 4

Abstract

The construction industry is heavily affected by the troubles arising out of construction disputes, especially when it comes to large-scale projects, as a direct result of the inherent complexity of such projects. This paper seeks the most suitable dispute-resolution mechanism for large-scale construction projects in Egypt, which is a developing country in the Middle East with an emerging reformed economical policy, a population in excess of 70 million people, and an increasing need for infrastructure and industrial development. This dispute-resolution mechanism was attained through a multistep methodology that (1) started with the study of the Arbitration process in relation to an Egyptian construction project with an initial contract price of 85 million; (2) continued with interviews of five senior experts in the field of construction disputes in Egypt about their views pertaining to the most efficient dispute-resolution methodology for Egyptian megaprojects; (3) developed a tailored questionnaire to assess the perceptions of 35 professionals toward the issue of construction disputes and dispute resolution mechanisms, including DRB; (5) concluded by carrying out a what-if scenario for the arbitration case of the large-scale construction project using DRB instead of arbitration. On basis of the analysis of the methodology, the authors concluded that despite the wide range of current dispute-resolution methodologies, the employment of DRBs in accordance with a set of 13 regulatory guidelines should mitigate the negative effects of disputes in Egyptian large-scale construction projects. Accordingly, this paper is both timely and valuable for all owners, contractors, and professionals who are acquainted with Egyptian megaprojects.

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Acknowledgments

This research would have never been completed without the support of many individuals and institutions. In this connection, the writers would like to thank Dr. Kathleen Harmon, Dr. Ali Hadi, Dr. Allione Romano, Dr. Patricia Galloway, Dr. Ezzat Fahmy, Dr. Feniosky Peña-Mora, Dr. Amr Kandil, and the Chartered Institute of Arbitrators in London (CIArb). Moreover, the writers would like to provide special gratitude for the genuine support of Dr. J. K. Yates, Professor of Construction Engineering and Management at Ohio University and Mr. Erminio Granata, Managing Director of Nile Aster International.

References

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Cairo Regional Center for International Commercial Arbitration. (2006). List of arbitrators, Cairo, Egypt.
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Dispute Review Board Foundation (DRBF). (2006). Dispute review boards manual, DRBF, Chicago.
Groton, J. P., Rubin, R. A., and Quintas, B. (2001). “A comparison of dispute review boards and adjudication.” Int. Constr. Law Rev., 18(2), 1–16.
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Van Langelaar, Anton. (2004). “Dispute boards as an alternative dispute resolution mechanism southern Africa.” Arbitration: J. the Chartered Institute of Arbitrators, 70(2), 99–107.
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Information

Published In

Go to Journal of Professional Issues in Engineering Education and Practice
Journal of Professional Issues in Engineering Education and Practice
Volume 133Issue 4October 2007
Pages: 365 - 372

History

Received: Aug 1, 2006
Accepted: Nov 1, 2006
Published online: Oct 1, 2007
Published in print: Oct 2007

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Authors

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Islam H. El-Adaway
Ph.D. Student, Dept. of Civil, Construction, and Environmental Engineering, 427 Town Engineering, Iowa State Univ., Ames, Iowa 50011. E-mail: [email protected]
A. Samer Ezeldin
Professor, Dept. of Construction Engineering, The American Univ. in Cairo, 113 Kasr El Aini St., P.O. Box 2511, Cairo 11511, Egypt. E-mail: [email protected]

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