ASCE will be sunsetting the Civil Engineering Database (CEDB) in the coming months. We encourage you to start using the ASCE Library to perform content searches. In the ASCE Library, you can save your search results as well as receive email content alerts when new content relevant to your area of interest is published. Try it out today at https://ascelibrary.org.

 

Arbitration: A Risky Method for Resolving Disputes

by Edward A. Hannan, Godfrey, Trump & Hayes, Milwaukee, WI, USA,



Document Type: Proceeding Paper

Part of: Forensic Engineering: Learning from Failures

Abstract:

Arbitration has been widely praised as a speedy, 'inexpensive' alternative to litigation for resolving a wide range of disputes, including disputes arising from construction failures. However, the quid-pro-quo for reducing litigation costs is a waiver of substantial safeguards available to litigants in civil actions. The waiver of procedural safeguards must be taken into account when assessing the 'costs' of arbitration. The true 'cost' of arbitration may be imposition of an unjust award which cannot be remedied thereafter. Further the 'direct costs' of an arbitration proceeding may exceed costs of litigation.

Subject Headings: Arbitration | Litigation | Failure analysis | Dispute resolution | Risk management | Construction management | Safety

Services: Buy this book/Buy this article

 

Return to search