i-law

International Construction Law Review

DISPUTE ADJUDICATION IN CIVIL LAW COUNTRIES—PHANTOM OR EFFECTIVE DISPUTE RESOLUTION METHOD?

DR GÖTZ -SEBASTIAN HÖK1

Kanzlei Dr Hök, Stieglmeier & Kollegen, Berlin, Germany

Complaints are made worldwide about lengthy, expensive and ineffective construction disputes. Germany is a typical example. However, in the words of a an eminent former judge of the German Federal Supreme Court the bad reputation of court proceedings stands in a remarkable disproportion to the daily practice in the courts.2 There continue to be as many construction disputes as always, even if they are expensive and take too long.3
In contrast a great variety of alternative dispute resolution methods including dispute adjudication are available. However, in reality on the German domestic level alternative dispute resolution methods are rarely used. The reasons for this are not very clear. To some extent baseless fears and irrational anxieties and actual lack of persuasive arguments in favour of alternative dispute resolution methods are certainly contributing factors. There is also insufficient and inadequate information about dispute adjudication. Moreover the term alternative dispute resolution and its subtitles such as dispute review and dispute adjudication are more or less vague and lack precision. Probably, and more importantly, civil law practitioners frequently do not have encouraging experiences with alternative dispute resolution methods apart from arbitration.
Last, but not least, the great variety of suggested methods causes perplexity. There is statutory adjudication4 and contractual adjudication.5 Moreover the ICC has Combined Dispute Boards6 and local institutions have published adjudication rules.7 Fast track arbitration8 and dispute adjudication are similar features. There is also the Italian arbitrato irrituale


Pt 4] Dispute Adjudication In Civil Law Countries

413

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.