Pemakaian timbang tara dalam industri binaan dari perspektif kerajaan di Malaysia
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Date
2007-05
Authors
Nik Mohd Halmi, Nik Nur Halmeza
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Abstract
A project development that in nature are complex may caused any conflict or dispute.
In Malaysian construction industry, there are variety of alternative dispute resolution
such as adjudication, mediation, arbitration and etc. The government bodies involved
in Malaysian construction industry, has implement the arbitration as only alternative
dispute resolution and it been stated in JKR Standard Form of Contract. The
arbitration practice and procedure is controlled under Arbitration Act 2005 (Act 646).
So, this purpose of research is to reveal the issue of arbitration in Malaysian
construction industry especially the issue on the knowledge and effectiveness of
arbitration in government bodies that involved in the industry. Literature review has
focuses on the definition of arbitration, their importance and benefit, pros and cons,
the provision of arbitration in standard form of contract and in the act and the success
factor of/arbitration. In order to achieve the purpose of this research, a survey was
conducted. The findings shows that the arbitration actually not the best alternative
dispute resolution but the government bodies still apply it because the purpose of the
secrecy of contract.
As a conclusion, hopefully this research has reveal the real fact about arbitration in
Malaysian construction industry on government's perspective and it will encourage
more further research to make improvement on arbitration and also to find another
more effective alternative dispute resolution.
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Keywords
Industri Binaan