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

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 withvarious issues within the dispute resolution procedure and management field. It is therefore significant to conduct a country-specific research by exploring the...

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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
Published:	University of Malaya 2016
Subjects:	T Technology (General)
Online Access:	http://eprints.utm.my/id/eprint/69223/ http://www.scopus.com
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id	my.utm.69223
record_format	eprints
spelling	my.utm.692232017-11-22T00:45:12Z http://eprints.utm.my/id/eprint/69223/ 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 T Technology (General) Research on dispute avoidance procedure (DAP) particularly in Malaysia is lacking as most of the current research and development deals withvarious 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 disclosethe 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 advocatesa 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. University of Malaya 2016 Article PeerReviewed 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 http://www.scopus.com
institution	Universiti Teknologi Malaysia
building	UTM Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Teknologi Malaysia
content_source	UTM Institutional Repository
url_provider	http://eprints.utm.my/
topic	T Technology (General)
spellingShingle	T Technology (General) 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
description	Research on dispute avoidance procedure (DAP) particularly in Malaysia is lacking as most of the current research and development deals withvarious 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 disclosethe 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 advocatesa 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
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	University of Malaya
publishDate	2016
url	http://eprints.utm.my/id/eprint/69223/ http://www.scopus.com
_version_	1643656036097196032
score	13.223943

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

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