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ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000

In Malaysia, ADR is seen as an alternative to litigation in resolving contractual disputes as it is perceived to be cost saving, more private and able to avoid ill-will or animosity as it sometimes does, in litigation. In the Malaysian construction industry, the present practice of ADR is focused ma...

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Main Authors: Abdul Ghadas, Zuhairah Ariff, Mohd Zafian, Rozina
Format: Article
Language:English
Published: Sweet & Maxwell Asia 2010
Subjects:
K Law (General)
KPG Malaysia
Online Access:http://irep.iium.edu.my/3351/1/5._ADR_in_Building_Contracts.pdf
http://irep.iium.edu.my/3351/
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spelling my.iium.irep.33512011-10-03T05:59:31Z http://irep.iium.edu.my/3351/ ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000 Abdul Ghadas, Zuhairah Ariff Mohd Zafian, Rozina K Law (General) KPG Malaysia In Malaysia, ADR is seen as an alternative to litigation in resolving contractual disputes as it is perceived to be cost saving, more private and able to avoid ill-will or animosity as it sometimes does, in litigation. In the Malaysian construction industry, the present practice of ADR is focused mainly on arbitration. However, with the revised standard forms for construction contract, proposals for the Mediation Act and the Adjudication and Payment Act, there is a strong indication that ADR will be a common feature in resolving construction disputes in Malaysia. This paper intends to highlight the application of ADR in construction contracts with reference to three main standard forms contract in Malaysia: the PWD 203A(2007), the PAM 2006 and the CIDB Standard Form of Contract for Building Works 2000. The main objective of this paper is to analyze existing provisions in these three standard form contracts and to evaluate their significance in providing alternative disputes resolution to parties of construction contracts. Sweet & Maxwell Asia 2010 Article REM application/pdf en http://irep.iium.edu.my/3351/1/5._ADR_in_Building_Contracts.pdf Abdul Ghadas, Zuhairah Ariff and Mohd Zafian, Rozina (2010) ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000. The Law Review, 1 (4). pp. 585-612. ISSN 1985-0891 http://www.sweetandmaxwellasia.com.my/top.asp
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
KPG Malaysia
spellingShingle K Law (General)
KPG Malaysia
Abdul Ghadas, Zuhairah Ariff
Mohd Zafian, Rozina
ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000
description In Malaysia, ADR is seen as an alternative to litigation in resolving contractual disputes as it is perceived to be cost saving, more private and able to avoid ill-will or animosity as it sometimes does, in litigation. In the Malaysian construction industry, the present practice of ADR is focused mainly on arbitration. However, with the revised standard forms for construction contract, proposals for the Mediation Act and the Adjudication and Payment Act, there is a strong indication that ADR will be a common feature in resolving construction disputes in Malaysia. This paper intends to highlight the application of ADR in construction contracts with reference to three main standard forms contract in Malaysia: the PWD 203A(2007), the PAM 2006 and the CIDB Standard Form of Contract for Building Works 2000. The main objective of this paper is to analyze existing provisions in these three standard form contracts and to evaluate their significance in providing alternative disputes resolution to parties of construction contracts.
format Article
author Abdul Ghadas, Zuhairah Ariff
Mohd Zafian, Rozina
author_facet Abdul Ghadas, Zuhairah Ariff
Mohd Zafian, Rozina
author_sort Abdul Ghadas, Zuhairah Ariff
title ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000
title_short ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000
title_full ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000
title_fullStr ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000
title_full_unstemmed ADR in building contracts: special reference to PWD 203A (Rev 2007), PAM 2006 and CIDB Building Works 2000
title_sort adr in building contracts: special reference to pwd 203a (rev 2007), pam 2006 and cidb building works 2000
publisher Sweet & Maxwell Asia
publishDate 2010
url http://irep.iium.edu.my/3351/1/5._ADR_in_Building_Contracts.pdf
http://irep.iium.edu.my/3351/
http://www.sweetandmaxwellasia.com.my/top.asp
_version_ 1643605126097666048
score 13.211869

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