Day 02

“Multi-tiered Dispute Resolution Clauses in Construction Disputes”

Multi-tiered dispute resolution clauses are a common feature of construction contracts. The typical pre-arbitration (or pre-litigation) steps include a period of amicable settlement, referral to a committee comprising the senior management of both parties, and adjudication before independent third parties which may be binding or non -binding. Recent developments in Sri Lanka, where only engineers may be allowed to sit as adjudicators, have warranted a discussion to evaluate the impact of such a policy decision on contractors, developers, and homeowners alike