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Effect of Culture on Selection of Dispute Resolution Methods in International Contracts
International construction projects provide opportunities for developing countries to advance in the global economy and for international firms to increase their profit and market share. Despite the attractive opportunities that international construction offers, there are many challenges and difficulties to moving into international markets. Many risks are associated with international construction, one of which is the risk arising from culture differences, and the way this affects how contract clauses are written. One of the very critical clauses affected by the cultural aspect is the dispute resolution clause. This paper discusses the different dispute resolution methods employed in international construction contracts and develops a model suggesting the use of specific dispute resolution methods depending on the culture characteristics. Finally, the model is used to develop testable propositions of the relationship between the dispute resolution methods and the characteristics of the culture studied. The propositions developed may eventually help in the selection of the appropriate dispute resolution method during contract formation.
Effect of Culture on Selection of Dispute Resolution Methods in International Contracts
International construction projects provide opportunities for developing countries to advance in the global economy and for international firms to increase their profit and market share. Despite the attractive opportunities that international construction offers, there are many challenges and difficulties to moving into international markets. Many risks are associated with international construction, one of which is the risk arising from culture differences, and the way this affects how contract clauses are written. One of the very critical clauses affected by the cultural aspect is the dispute resolution clause. This paper discusses the different dispute resolution methods employed in international construction contracts and develops a model suggesting the use of specific dispute resolution methods depending on the culture characteristics. Finally, the model is used to develop testable propositions of the relationship between the dispute resolution methods and the characteristics of the culture studied. The propositions developed may eventually help in the selection of the appropriate dispute resolution method during contract formation.
Effect of Culture on Selection of Dispute Resolution Methods in International Contracts
Gad, Ghada M. (author) / Shane, Jennifer (author) / Strong, Kelly (author)
Construction Research Congress 2010 ; 2010 ; Banff, Alberta, Canada
Construction Research Congress 2010 ; 909-918
2010-05-04
Conference paper
Electronic Resource
English
Effect of Culture on Selection of Dispute Resolution Methods in International Contracts
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