Conflict prevention in the implementation of large and complex contracts

Conference proceedings article


Authors / Editors


Research Areas


Publication Details

Author list: Mimoso, M. J., & Anjos, M. R.
Publication year: 2018
Journal: International Journal of Trend in Research and Development (2394-9333)
Journal acronym: IJTRD
ISSN: 2394-9333
Languages: English-Great Britain (EN-GB)


Abstract

Globalization and the consequent opening of markets abroad imposed the
modernization and development of infrastructure. Investments for the
respective implementation require the execution of highly complex
contracts and the need to sub contract partners in accordance with the
required expertise. A simple delay in the fulfillment of one of these
instruments is reflected in terms of the smooth progress of work. We
intend to demonstrate that the Dispute Boards are a means of resolving
disputes, avoiding either arbitrators or the courts. This figure rises
concurrently with the contract, in order to assist the parties to
overcome the resolution of any conflicts during the contractual iter. A
literature review will be carried out, contextualizing the figure in the
analysis of large projects environment. Use shall be a deductive
reasoning, based on reality and existing regulatory mechanisms,
stressing the importance of Disputes Boards for the maintenance and
success of contractual relations. The Disputes Boards provide for the
settlement of disputes during the execution of the contract, quickly and
adapted to the specificities of the contract, avoiding either the use
of contentious means (arbitration and state justice) or damages caused
by delays in performing the work. The Disputes Boards thus provide a
means of facilitating conflicts, enhancing the good relations between
the parties, allowing the technicians of their confidence to handle all
the contractual instruments. It will be demonstrated through real
examples, infrastructure projects, namely the Eisenhower Tunnel and
Eurotunnel.


Keywords

No matching items found.


Documents

No matching items found.

Last updated on 2019-13-08 at 00:23