Author: Wu, Changde
Title: A study of systematic documentation management strategy in relation to international construction arbitration for Chinese contractors
Advisors: Fong, Patrick (BRE)
Degree: M.Sc.
Year: 2021
Subject: International commercial arbitration
Construction contracts
Construction industry -- China
Hong Kong Polytechnic University -- Dissertations
Department: Department of Building and Real Estate
Pages: vii, 77 pages
Language: English
Abstract: In the past decade, International construction industry has attracted many Chinese Contractors to go out for more chances instead of fighting over the overcrowded domestic construction market. Besides, both the "Go Out" policy and "Belt and Road initiative", as a support from the China Government, drive Chinese construction contractors to anticipate in the global construction business. According to ENR top 250 International Contractors, there are 55 Chinese contractors out of the top 250 international contractors in the world. However, as summarized by the ENR: the global construction market is risky business. Statics show that contractors are finding themselves with very limited margin despite the vast input of human resource, construction plants, materials and others. On the other hand, the international construction projects are increasingly inundated with disputes. When parties cannot reach an agreement after other amicable means such as negotiation and mediation in resolving the dispute, arbitration as a growing popularity of dispute resolution mechanism has been embraced by the practitioners involved in international construction industry despite the criticisms in its timing and costs. International construction players are still finding that arbitration, with its core advantage in the neutrality and professionality of the Arbitrators and the enforceability of the arbitral Award, prevails when compared to litigation. Documentation management, also referred as documentation control sometimes, as a very important component to arbitration process, is yet to be paid more attention to Chinese contractors as the game rules in international construction market is entirely different from the same in domestic market. The aim of this research is to investigate the documentation management and problems faced by today's Chinese international contractors. The objectives are: 1. Examine the significance of documentations in international construction arbitration; 2. Identify the common problems in documentation management among Chinese contractors when they deal with international construction arbitration; 3. Recommend systematic strategy to Chinese Contractors for better documentation management. Case study and interview was conducted to perform the research. The findings and recommendations of the research will be benefiting the big amount of international construction Chinese practitioners with regard to the specific area of documentation management.
Rights: All rights reserved
Access: restricted access

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