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Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system

It is pertinent to specifically conduct research on the viability of introducing dispute avoidance procedure (DAP) for construction industry due to the lack of research in this area, as most of the current research covers various issues within dispute resolution procedure and management field. The o...

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Main Authors: Mohd Danuri, Mohd Suhaimi, Mohd Ishan, Zahira, Mustaffa, Nur Emma, Abd Karim, Saipol Bari, Mohamed, Othman, A. Rahmin, Rabi'atul 'Adawiyah
Format: Article
Language:English
Published: Universiti Putra Malaysia Press 2015
Online Access:http://psasir.upm.edu.my/id/eprint/16534/1/16%20JSSH-1165-2014%20Rev3.pdf
http://psasir.upm.edu.my/id/eprint/16534/
http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20%282%29%20Jun.%202015/16%20JSSH-1165-2014%20Rev3.pdf
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spelling my.upm.eprints.165342016-01-28T04:08:29Z http://psasir.upm.edu.my/id/eprint/16534/ Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system Mohd Danuri, Mohd Suhaimi Mohd Ishan, Zahira Mustaffa, Nur Emma Abd Karim, Saipol Bari Mohamed, Othman A. Rahmin, Rabi'atul 'Adawiyah It is pertinent to specifically conduct research on the viability of introducing dispute avoidance procedure (DAP) for construction industry due to the lack of research in this area, as most of the current research covers various issues within dispute resolution procedure and management field. The objective of this study is to examine the future of DAP in the Malaysian construction industry by looking into the perceptions of the construction industry players. Data were collected through interview of selected respondents and analyses to reveal patterns to help formulate a viable DAP mechanism. NVivo software has been used to manage and organise complete interview transcripts and facilitate data analysis process for this study. This study reveals that the existing DAP mechanisms are not viable for the Malaysian construction industry at present, mainly due to the issue of costing. Thus, a modified version of DAP was formulated to promote a viable mechanism. This study suggests that the structural elements of a viable DAP mechanism could be in the form of an 'involvement of top management' from both contracting parties (without the involvement of any third parties) who are decision makers or persons with financial authority, and the process is through 'discussion and negotiation'. In essence, this study captures the legal culture and trade usage of the industry which assisted the formulation of a viable DAP mechanism. Universiti Putra Malaysia Press 2015-06 Article PeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/16534/1/16%20JSSH-1165-2014%20Rev3.pdf Mohd Danuri, Mohd Suhaimi and Mohd Ishan, Zahira and Mustaffa, Nur Emma and Abd Karim, Saipol Bari and Mohamed, Othman and A. Rahmin, Rabi'atul 'Adawiyah (2015) Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system. Pertanika Journal of Social Sciences & Humanities, 23 (2). pp. 509-535. ISSN 0128-7702; ESSN: 2231-8534 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20%282%29%20Jun.%202015/16%20JSSH-1165-2014%20Rev3.pdf
institution Universiti Putra Malaysia
building UPM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Putra Malaysia
content_source UPM Institutional Repository
url_provider http://psasir.upm.edu.my/
language English
description It is pertinent to specifically conduct research on the viability of introducing dispute avoidance procedure (DAP) for construction industry due to the lack of research in this area, as most of the current research covers various issues within dispute resolution procedure and management field. The objective of this study is to examine the future of DAP in the Malaysian construction industry by looking into the perceptions of the construction industry players. Data were collected through interview of selected respondents and analyses to reveal patterns to help formulate a viable DAP mechanism. NVivo software has been used to manage and organise complete interview transcripts and facilitate data analysis process for this study. This study reveals that the existing DAP mechanisms are not viable for the Malaysian construction industry at present, mainly due to the issue of costing. Thus, a modified version of DAP was formulated to promote a viable mechanism. This study suggests that the structural elements of a viable DAP mechanism could be in the form of an 'involvement of top management' from both contracting parties (without the involvement of any third parties) who are decision makers or persons with financial authority, and the process is through 'discussion and negotiation'. In essence, this study captures the legal culture and trade usage of the industry which assisted the formulation of a viable DAP mechanism.
format Article
author Mohd Danuri, Mohd Suhaimi
Mohd Ishan, Zahira
Mustaffa, Nur Emma
Abd Karim, Saipol Bari
Mohamed, Othman
A. Rahmin, Rabi'atul 'Adawiyah
spellingShingle Mohd Danuri, Mohd Suhaimi
Mohd Ishan, Zahira
Mustaffa, Nur Emma
Abd Karim, Saipol Bari
Mohamed, Othman
A. Rahmin, Rabi'atul 'Adawiyah
Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system
author_facet Mohd Danuri, Mohd Suhaimi
Mohd Ishan, Zahira
Mustaffa, Nur Emma
Abd Karim, Saipol Bari
Mohamed, Othman
A. Rahmin, Rabi'atul 'Adawiyah
author_sort Mohd Danuri, Mohd Suhaimi
title Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system
title_short Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system
title_full Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system
title_fullStr Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system
title_full_unstemmed Dispute avoidance procedure: observing the influence of legal culture towards a workable legal system
title_sort dispute avoidance procedure: observing the influence of legal culture towards a workable legal system
publisher Universiti Putra Malaysia Press
publishDate 2015
url http://psasir.upm.edu.my/id/eprint/16534/1/16%20JSSH-1165-2014%20Rev3.pdf
http://psasir.upm.edu.my/id/eprint/16534/
http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20%282%29%20Jun.%202015/16%20JSSH-1165-2014%20Rev3.pdf
_version_ 1643826242339733504
score 13.223943

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