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Welcome to the Web Site of K.D.Arcot
Arbitration/Dispute Review Committee
Recent trends in Construction Industry have highlighted the complexity of Contract Management considering a number of clauses in the contract.
Very often interpretation/operation of the contract clauses becomes highly complicated leading to friction between the Owner and the Contractor. This sours a healthy relationship which is a very vital factor for completing the project in time and the Owner/Contractor deriving full benefits there from.
It is therefore absolutely necessary to ensure that difference of opinion as and when they occur or mutually settled or through good offices of third party. This will ensure continuous harmony during execution of the works. The present system of providing an arbitration clause in all tenders is a noteworthy factor since both parties have a contractual avenue of putting forth their views. Unfortunately, recourse to arbitration is normally taken up at the end of the project when multifarious claims and counter claims are being registered. Under this complex situation, arbitration is long run affair benefiting neither of the parties. As the saying goes “justice delayed is justice denied”.
To overcome the above situation, World Bank has now stipulated that disputes as and when they arise are settled through Dispute Review Board within a fixed time table. Both parties shall abide by this decision till the works are over. All World Bank aided project have now compulsorily incorporated the clause specifying that Dispute Review Board shall be constituted immediately on award of work. Since Dispute Review Board Committee is closely associated with the progress of works, site conditions and important correspondences that are exchanged between the 2 parties, they are well placed to give a quick decision. This has proved very beneficial to both the parties and this idea of Dispute Review Board Committee is catching up fast in India.
Being a qualified graduate engineer with 45 years of construction experience and as Member of the Arbitration Board, Member of Dispute Review Board Foundation, U.S.A. and Member of Institution of Engineers ,I shall be too pleased to render my services to any organisation.
Please go through all the pages of this site to know more about my work experience & other details.
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