2010Loughborough University Research Repository (Loughborough University)Open access

Improving dispute resolution on construction projects in Kuwait

Talib Sayed-Gharib, Andrew Price, Wayne E. Lord

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Abstract

The number of different parties involved in most construction projects can result in a high risk of conflict which, if not dealt with quickly, could develop into disputes that can take years to settle. These disputes add little value to a construction project but increase the cost burden on different parties when taken to arbitration or litigation. Dispute costs are often in addition to the costs of project delay which together influence the hardening of attitudes of the parties. Dispute avoidance or early dispute resolution is desirable for all parties concerned. The nature of the construction business in the State of Kuwait is probably no different to other countries as one of the most litigious industries. However, improved dispute resolution practices within Kuwait, could result in significantly reduced costs and wastage. This paper presents early findings from a literature review, as a part of PhD researching disputes and different dispute resolution strategies. It aims to determine the ability to employ the current alternative dispute resolutions strategies in the State of Kuwait.

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The number of different parties involved in most construction projects can result in a high risk of conflict which, if not dealt with quickly, could develop into disputes that can take years to settle. These disputes add little value to a construction project but increase the cost burden on different parties when taken to arbitration or litigation. Dispute costs are often in addition to the costs of project delay which together influence the hardening of attitudes of the parties. Dispute avoidance or early dispute resolution is desirable for all parties concerned. The nature of the construction business in the State of Kuwait is probably no different to other countries as one of the most litigious industries. However, improved dispute resolution practices within Kuwait, could result in significantly reduced costs and wastage. This paper presents early findings from a literature review, as a part of PhD researching disputes and different dispute resolution strategies. It aims to determine the ability to employ the current alternative dispute resolutions strategies in the State of Kuwait.

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Available abstract

The number of different parties involved in most construction projects can result in a high risk of conflict which, if not dealt with quickly, could develop into disputes that can take years to settle. These disputes add little value to a construction project but increase the cost burden on different parties when taken to arbitration or litigation. Dispute costs are often in addition to the costs of project delay which together influence the hardening of attitudes of the parties. Dispute avoidance or early dispute resolution is desirable for all parties concerned. The nature of the construction business in the State of Kuwait is probably no different to other countries as one of the most litigious industries. However, improved dispute resolution practices within Kuwait, could result in significantly reduced costs and wastage. This paper presents early findings from a literature review, as a part of PhD researching disputes and different dispute resolution strategies. It aims to determine the ability to employ the current alternative dispute resolutions strategies in the State of Kuwait.

Key concepts: Dispute resolution, Arbitration, Dispute mechanism, Dispute board, Alternative dispute resolution, Online dispute resolution, Business, State (computer science)

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