Ways to Improve Construction Arbitration

Fong, Ying Jie (2023) Ways to Improve Construction Arbitration. Final Year Project (Bachelor), Tunku Abdul Rahman University College.

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Abstract

Arbitration is one of the well-known forms of alternative disputes resolution (ADR) worldwide. However, no questionnaire research has investigated the ways to improve construction arbitration’s performance to enhance its efficiency and effectiveness, consequently imposing a gap. Therefore, this research aims to address the research gap by examining, investigating and outlining the ways that can improve the overall performance of construction arbitration through the use of methods available in the arbitration system, and action shall be taken by the parties themselves. The improvement of arbitration covers people, process, decision making, policy, rules, and technology were derived and investigated through the use of 178 questionnaires. These questionnaires were distributed to arbitrators specializing in construction disputes, RISM members who work in quantity and property surveying, as well as other construction parties with knowledge and experience of arbitration, including academics and scholars who have written a paper on arbitration and students in the related field. Hence, through a literature review and data analysis using SPSS software with techniques such as reliability tests and descriptive statistics, ‘Expedited Procedure’ was found to be the most effective method available in the arbitration system. Additionally, actions pertaining to the ‘Draft arbitration agreement’ and ‘Written Submission’ were determined as the most effective actions to be taken by the stakeholders prior to and during the arbitration proceedings, respectively. These findings can be determined by comparing the mean values of all factors, where the mean value of those mentioned above are the highest among their respective comparable factors. In conclusion, these research findings could contribute to future researchers and readers with a more profound understanding of ways to improve construction arbitration in terms of cost and time.