Public Policy and Projects: Impact of Intranational Jurisdictional Concurrency on Construction Disputes

Ojiako, G.U.; Chipulu, M.; Marshall, A.; Bashir, H.

Abstract

Without conclusive settlement of disputes, uses of public sector infrastructure projects as public policy instruments might risk impeachment. With this in mind, we set out in this study to explore how public policy impacts the finality of dispute resolutions conducted within public sector infrastructure project spaces. We used empirical data obtained from opinion coding of 220 decided disputes conducted in the United Arab Emirates between 1992 and 2018. Findings suggest differences in attitude among the courts in the United Arab Emirates in the interpretation and application of public policy as a basis for nullifying arbitral awards. This finding suggests that the existence of a series of parallel courts, a mixed legal jurisdiction, and multiple and concurrent intranational laws, combined with the intractable nature of public policy, can significantly impact the conclusive settlement of public sector infrastructure project disputes.

Citation

Ojiako, G., Chipulu, M., Marshall, A., & Bashir, H. (2021). Public Policy and Projects: Impact of Intranational Jurisdictional Concurrency on Construction Disputes. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 13(2), https://doi.org/10.1061/%28ASCE%29LA.1943-+4170.0000456

• Journal Article Type: Article
• Acceptance Date: Oct 16, 2020
• Online Publication Date: Jan 31, 2021
• Publication Date: 2021-05
• Deposit Date: Sep 19, 2021
• Journal: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
• Print ISSN: 1943-4162
• Publisher: American Society of Civil Engineers
• Peer Reviewed: Peer Reviewed
• Volume: 13
• Issue: 2
• DOI: https://doi.org/10.1061/%28ASCE%29LA.1943-+4170.0000456
• Keywords: Public policy, Dispute resolution, Project management, Public health and safety, Infrastructure vulnerability, Space exploration, Infrastructure, Construction management
• Public URL: http://researchrepository.napier.ac.uk/Output/2802196