Investigate the critical attributes and practical constraints affecting the effectiveness of arbitration in the construction industry of Sri Lanka

Abstract

With the growing of the construction sector, construction disputes have been grown significantly. ADR methods including arbitration requires effective procedures of management in order to deliver fair awards to the clients. Still, few number of studies have been conducted on enhancing the effectiveness of arbitration, they had very little prioritisation on critical attributes and practical constraints. This research aims to enhance the effectiveness of arbitration method, which will ultimately help avoid disputes in the construction projects in Sri Lanka. The collected empirical data from expert interviews and two phase of questionnaire survey were analysed using content analysis and descriptive statistics respectively. The research's findings indicated twenty-five (25) attributes connected to the Sri Lankan arbitration framework, with ten (10) of them being deemed the most critical. In the arbitration, "information confidentiality" is the most critical attribute. Furthermore, the analysis uncovered twenty-one (21) severe practical constraints relating to the Sri Lankan arbitration context, with ten (10) of them being identified as the most essential. In the context of Sri Lankan arbitration, the top most severe restraint is "time demanding." To enhance most critical attributes, 14 handlings strategies were identified. Among them, arbitrators must properly manage the arbitration process, arbitrators must gather sufficient information from the parties to deliver a successful hearing, conducting an awareness program is required to enhance the success of the arbitration and clearly identify their role and responsibilities of arbitrators can be considered as most significant strategies to deal with specific attributes also the professionals must avoid the practical constraints.