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Public policy and projects: impact of intranational jurisdictional concurrency on construction dispute

Public policy and projects: impact of intranational jurisdictional concurrency on construction dispute
Public policy and projects: impact of intranational jurisdictional concurrency on construction dispute
Without conclusive settlement of disputes, uses of public sector infrastructure projects as public policy instruments might risk impeachment. With this in mind, we set out in this study to explore how public policy impacts the finality of dispute resolutions conducted within public sector infrastructure project
spaces. We used empirical data obtained from opinion coding of 220 decided disputes conducted in the United Arab Emirates between 1992 and 2018. Findings suggest differences in attitude among the courts in the United Arab Emirates in the interpretation and application of public policy as a basis for nullifying arbitral awards. This finding suggests that the existence of a series of parallel courts, a mixed legal jurisdiction, and multiple and concurrent intranational laws, combined with the intractable nature of public policy, can significantly impact the conclusive settlement of public sector infrastructure project disputes.
Arbitration, Infrastructure projects, Jurisdictional concurrency, Legal perspectives, Public policy
Ojiako, Udechukwu
39f57398-8b7b-422c-9186-6a87c75e0f8f
Chipulu, Maxwell
12545803-0d1f-4a37-b2d2-f0d21165205e
Marshall, Alasdair
93aa95a2-c707-4807-8eaa-1de3b994b616
Bashir, Hamdi
18ec334d-0c66-460d-8cd4-49f8464cd738
Ojiako, Udechukwu
39f57398-8b7b-422c-9186-6a87c75e0f8f
Chipulu, Maxwell
12545803-0d1f-4a37-b2d2-f0d21165205e
Marshall, Alasdair
93aa95a2-c707-4807-8eaa-1de3b994b616
Bashir, Hamdi
18ec334d-0c66-460d-8cd4-49f8464cd738

Ojiako, Udechukwu, Chipulu, Maxwell, Marshall, Alasdair and Bashir, Hamdi (2021) Public policy and projects: impact of intranational jurisdictional concurrency on construction dispute. ASCE Journal of Legal Affairs and Dispute Resolution in Engineering & Construction, 13 (2), [04521005]. (doi:10.1061/(ASCE)LA.1943-4170.0000456).

Record type: Article

Abstract

Without conclusive settlement of disputes, uses of public sector infrastructure projects as public policy instruments might risk impeachment. With this in mind, we set out in this study to explore how public policy impacts the finality of dispute resolutions conducted within public sector infrastructure project
spaces. We used empirical data obtained from opinion coding of 220 decided disputes conducted in the United Arab Emirates between 1992 and 2018. Findings suggest differences in attitude among the courts in the United Arab Emirates in the interpretation and application of public policy as a basis for nullifying arbitral awards. This finding suggests that the existence of a series of parallel courts, a mixed legal jurisdiction, and multiple and concurrent intranational laws, combined with the intractable nature of public policy, can significantly impact the conclusive settlement of public sector infrastructure project disputes.

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Accepted/In Press date: 16 October 2020
e-pub ahead of print date: 31 January 2021
Published date: 1 May 2021
Keywords: Arbitration, Infrastructure projects, Jurisdictional concurrency, Legal perspectives, Public policy

Identifiers

Local EPrints ID: 448113
URI: http://eprints.soton.ac.uk/id/eprint/448113
PURE UUID: 9a73e10d-e1ed-4916-9d7c-51d10e3c8736
ORCID for Maxwell Chipulu: ORCID iD orcid.org/0000-0002-0139-6188
ORCID for Alasdair Marshall: ORCID iD orcid.org/0000-0002-9789-8042

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Date deposited: 01 Apr 2021 15:59
Last modified: 28 Apr 2022 02:01

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Contributors

Author: Udechukwu Ojiako
Author: Maxwell Chipulu ORCID iD
Author: Hamdi Bashir

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