The finality principle in construction arbitration : an evolutionary perspective

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Ojiako, Udechukwu (2023) The finality principle in construction arbitration : an evolutionary perspective. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 15 (1). 04522035. ISSN 1943-4162 (https://doi.org/10.1061/(ASCE)LA.1943-4170.0000591)

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Abstract

Arbitration is one of the most popular and widely applied dispute resolution mechanisms used in the construction sector. There are purported advantages in using arbitration relative to litigation. Among these advantages are the final, conclusive, and binding nature of arbitration proceedings and the awards that flow from the proceedings. Yet the finality of arbitration is dependent on a number of interrelated factors, including historical legal traditions, judicial attitudes toward the finality principle, and the operation of national legislative frameworks and constitutional provisions. Drawing upon its historical evolution and utilizing relevant domestic case law and legislation in South Africa, this study explored the finality principle within arbitration jurisprudence through an analysis of two seminal construction dispute cases. The study found that the courts engaged in major and delicate balancing of constitutional considerations when considering the finality of arbitration and that, ultimately, these constitutional considerations trumped the finality of arbitration.

ORCID iDs

Ojiako, Udechukwu ORCID logoORCID: https://orcid.org/0000-0003-0506-2115;
  • Item type:Article
    ID code:88135
    Dates:
    Date
    Event
    1 February 2023
    Published
    18 October 2022
    Published Online
    17 August 2022
    Accepted
    17 March 2022
    Submitted
    Notes:Copyright © 2022 American Society of Civil Engineers. This material may be downloaded for personal use only. Any other use requires prior permission of the American Society of Civil Engineers. This material may be found at https://doi.org/10.1061/(ASCE)LA.1943-4170.0000591.
    Subjects:Technology > Building construction
    Law > Law (General)
    Department:Faculty of Engineering > Design, Manufacture and Engineering Management
    Depositing user: Pure Administrator
    Date deposited:08 Feb 2024 14:46
    Last modified:03 Dec 2024 01:26
    URI:https://strathprints.strath.ac.uk/id/eprint/88135
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