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SUITABILITY OF RETIRED JUDGES AS ARBITRATORS IN CONSTRUCTION CONTRACTS
| 题名： | SUITABILITY OF RETIRED JUDGES AS ARBITRATORS IN CONSTRUCTION CONTRACTS |
| 正文语种： | eng |
| 作者： | G. S. MANN |
| 摘要： | In construction contracts keeping the provision section 28(3) of the Act only experts in trade with impeccable integrity who are properly equipped to understand various clauses of the agreement, relevant specifications vis-à-vis nature of claim/dispute should be nominated as arbitrators by the courts. It is pertinent to note that only the engineers having specialized field experience will be in the know of "the usages of the trade applicable to the transaction". This will go a long way in deciding the disputes relating to construction contracts in a fair and equitable manner to meet the ends of justice. ⅱ. Preferential treatment being given to retired judges for obvious reasons over and above expert technical persons in construction contracts needs to be dispensed with. Fresh guidelines need to be prepared in the appointment of arbitrators by the High Courts in a transparent manner. |
| 出版年： | 2021 |
| 期刊名称： | Indian Highways |
| 卷： | 49 |
| 期： | 9 |
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