11.07.2015 Views

FIDIC Applications & Dispute Resolution in Turkey

FIDIC Applications & Dispute Resolution in Turkey

FIDIC Applications & Dispute Resolution in Turkey

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In light of the above:CONCLUSIONSThe use of <strong>Dispute</strong> Boards (DAB or DRB) are extremely limited, ma<strong>in</strong>ly due tolack of enough knowledge and/or will<strong>in</strong>gness of people to use these boards,The contractors, will<strong>in</strong>gly or unwill<strong>in</strong>gly, tend to accept the <strong>Dispute</strong> <strong>Resolution</strong>mechanisms such as arbitration or courts as stipulated <strong>in</strong> the contracts, amidcompetitive market conditions,The Contractors tend to resolve disputes with public employers amicably aandtend not to be <strong>in</strong> a controversial position with them.S<strong>in</strong>ce the decisions or recommendations of DABs or DRBs are not enforceable<strong>in</strong> the judicial system, the general conception is that their use is an unnecessarycost item. Arbitration is therefore thought to be cheaper and faster.What can be done:Re-establish establish trust towards <strong>Dispute</strong> BoardsProper and Effective Tra<strong>in</strong><strong>in</strong>g on <strong>Dispute</strong> BoardsEstablishment of Standards for Ethics for <strong>Dispute</strong> Board membersMake known that <strong>Dispute</strong> Boards are not unnecessary cost items for r the parties

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