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Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry

Research on dispute avoidance procedure (DAP) particularly in Malaysia is lacking as most of the current research and development deals with various issues within the dispute resolution procedure and management field. It is therefore significant to conduct a country-specific research by exploring th...

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Main Authors: Mohd Danuri, Mohd Suhaimi, Mohd Ishan, Zahira, Mustaffa, Nur Emma, Abd Karim, Saipol Bari, Mohamed, Othman, Hanid, Mahanim
Format: Article
Language:English
Published: Faculty of Built Environment, University of Malaya 2016
Online Access:http://psasir.upm.edu.my/id/eprint/55542/1/Dispute%20avoidance%20procedure%20formulating%20a%20workable%20legal%20system%20in%20the%20Malaysian%20construction%20industry.pdf
http://psasir.upm.edu.my/id/eprint/55542/
http://e-journal.um.edu.my/filebank/published_article/10294/4%20JDBE%20Vol%2016%20Issue%202%202016%20Mohd%20Suhaimi.pdf
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spelling my.upm.eprints.555422017-08-14T10:41:08Z http://psasir.upm.edu.my/id/eprint/55542/ Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry Mohd Danuri, Mohd Suhaimi Mohd Ishan, Zahira Mustaffa, Nur Emma Abd Karim, Saipol Bari Mohamed, Othman Hanid, Mahanim Research on dispute avoidance procedure (DAP) particularly in Malaysia is lacking as most of the current research and development deals with various issues within the dispute resolution procedure and management field. It is therefore significant to conduct a country-specific research by exploring the viability of DAP based on socio-legal research. The aim of this article is two-fold: to present the perceptions of the Malaysian construction industry players on the substantive elements of a viable DAP mechanism and; to formulate a necessary legal reform to accommodate and support the formulated DAP mechanism within the Malaysian construction industry. As part of a socio-legal research approach, interviews were conducted with the selected construction industry players to disclose the pattern, which may help to explain the underlying issues. NVivo software has been used to manage and organize the complete interview transcripts and facilitate the data analysis process for this study. Among others, this research suggests that a viable DAP mechanism consists of the following substantive elements, namely, to introduce the mechanism through contract and to provide a contractually binding settlement. In essence, this research also advocates a necessary legal reform to accommodate and support the formulated DAP mechanism within the Malaysian construction industry. This research generally confirms that a country-specific research is required through a socio-legal research. Faculty of Built Environment, University of Malaya 2016-06 Article PeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/55542/1/Dispute%20avoidance%20procedure%20formulating%20a%20workable%20legal%20system%20in%20the%20Malaysian%20construction%20industry.pdf Mohd Danuri, Mohd Suhaimi and Mohd Ishan, Zahira and Mustaffa, Nur Emma and Abd Karim, Saipol Bari and Mohamed, Othman and Hanid, Mahanim (2016) Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry. Journal of Design and Built Environment, 16 (1). pp. 37-46. ISSN 1823-4208; ESSN: 2232-1500 http://e-journal.um.edu.my/filebank/published_article/10294/4%20JDBE%20Vol%2016%20Issue%202%202016%20Mohd%20Suhaimi.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 Research on dispute avoidance procedure (DAP) particularly in Malaysia is lacking as most of the current research and development deals with various issues within the dispute resolution procedure and management field. It is therefore significant to conduct a country-specific research by exploring the viability of DAP based on socio-legal research. The aim of this article is two-fold: to present the perceptions of the Malaysian construction industry players on the substantive elements of a viable DAP mechanism and; to formulate a necessary legal reform to accommodate and support the formulated DAP mechanism within the Malaysian construction industry. As part of a socio-legal research approach, interviews were conducted with the selected construction industry players to disclose the pattern, which may help to explain the underlying issues. NVivo software has been used to manage and organize the complete interview transcripts and facilitate the data analysis process for this study. Among others, this research suggests that a viable DAP mechanism consists of the following substantive elements, namely, to introduce the mechanism through contract and to provide a contractually binding settlement. In essence, this research also advocates a necessary legal reform to accommodate and support the formulated DAP mechanism within the Malaysian construction industry. This research generally confirms that a country-specific research is required through a socio-legal research.
format Article
author Mohd Danuri, Mohd Suhaimi
Mohd Ishan, Zahira
Mustaffa, Nur Emma
Abd Karim, Saipol Bari
Mohamed, Othman
Hanid, Mahanim
spellingShingle Mohd Danuri, Mohd Suhaimi
Mohd Ishan, Zahira
Mustaffa, Nur Emma
Abd Karim, Saipol Bari
Mohamed, Othman
Hanid, Mahanim
Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry
author_facet Mohd Danuri, Mohd Suhaimi
Mohd Ishan, Zahira
Mustaffa, Nur Emma
Abd Karim, Saipol Bari
Mohamed, Othman
Hanid, Mahanim
author_sort Mohd Danuri, Mohd Suhaimi
title Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry
title_short Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry
title_full Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry
title_fullStr Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry
title_full_unstemmed Dispute avoidance procedure: formulating a workable legal system in the Malaysian construction industry
title_sort dispute avoidance procedure: formulating a workable legal system in the malaysian construction industry
publisher Faculty of Built Environment, University of Malaya
publishDate 2016
url http://psasir.upm.edu.my/id/eprint/55542/1/Dispute%20avoidance%20procedure%20formulating%20a%20workable%20legal%20system%20in%20the%20Malaysian%20construction%20industry.pdf
http://psasir.upm.edu.my/id/eprint/55542/
http://e-journal.um.edu.my/filebank/published_article/10294/4%20JDBE%20Vol%2016%20Issue%202%202016%20Mohd%20Suhaimi.pdf
_version_ 1643835926055485440
score 13.223943

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