Examination of legal perspective of public policy implementation on construction projects arbitration

AlRaeesi, Eman Jasim Hussain and Ojiako, Udechukwu (2021) Examination of legal perspective of public policy implementation on construction projects arbitration. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 13 (3). 03721002. ISSN 1943-4162 (https://doi.org/10.1061/(ASCE)LA.1943-4170.0000474)

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Abstract

This study undertakes an in-depth exploration of the legal perspective of public policy implementation as it relates to construction projects. In particular, we examine how enabling frameworks such as arbitration serve as a suitable project governance mechanism for public policy-driven projects. Using oath taking as an authoritative context for exploring public policy implementation, our study reveals important controversies associated with the intractable nature of public policy by drawing upon data obtained from the case review of a seminal arbitration dispute heard in the United Arab Emirates. The originality of the paper is threefold. First, we espouse an alternative legal as against administrative sciences perspective on public policy. Second, our study opens a new area of debate in relation to the legal perspective of public policy implementation within construction projects. Third, the study raises questions about the appropriate use of projects and project management practice to implement public policy.