Study On International Construction Dispute Resolutions

The expert evaluation system is a non-confrontational dispute resolution method developed from practice.With complexity of international construction projects increases,traditional dispute resolution methods can not fully meet the needs of dispute resolution in the field of international construction engineering.As a newly-developing dispute resolution method,the expert evaluation system has gradually drown attention from the international construction engineering industry,it is used to prevent disputes that may appear and resolve disputes that have occurred in the engineering project cycle.But after developing for more than 40 years,the expert evaluation system is not yet universally applicable,and the international engineering field is still inclined to solve international engineering disputes using traditional dispute resolution methods.Some scholars doubt whether the expert evaluation system is necessary in the international engineering dispute resolution.The author believes that the expert evaluation system can play a role in reducing the occurrence of disputes,lowering project costs,and promoting the friendly relations and cooperation between parties in the field of international construction engineering.When solving international engineering disputes,the expert evaluation system can prevent and resolve disputes more effectively than the traditional dispute resolution methods,so it has its necessity.The main reasons why the expert evaluation system has not been universally applied are that the operating conditions of the system are not perfect,the cost of violating the review decision is rather low and the lack of transparency.If these three aspects can be improved,the expert evaluation system is expected to be applied more broadly and provide more value in the field of international engineering.This article is divided into four chapters : The first chapter is introduction,mainly introduces the background,research significance,research priority,research methods and major innovations.The second chapter of this thesis makes a theoretical study on the expert evaluation system,discusses the basic concepts and characteristics of the expert evaluation system,and introduces the three mainstream expert evaluation systems that are nowadays popular around the world.The third chapter mainly demonstrates the necessity of the expertevaluation system in the international engineering field.This chapter starts from the causes of international engineering disputes,then analyzes the causes of international engineering disputes,demonstrates that in terms of theoretical construction,the expert evaluation system conforms to the requirements of the parties of dispute resolution.Then compares and analyzes the difference between the expert evaluation system and the traditional dispute resolution method,and analyzes the advantages and shortcomings of each dispute resolution method when they are applied in the international engineering field,viewing from the aspects of main functions,operational procedures,legal effects,etc.Then comes to the conclusion that the expert evaluation system implements and optimizes the traditional dispute resolution methods in the aspects of professional and neutrality,the dispute resolution cost,and the maintenance of friendly cooperative relations with the disputed parties.The forth chapter aims at the dilemma of the expert evaluation system in practice,pointing out that the expert evaluation system is still insufficient in the operating environment and connecting with other dispute resolution methods.And finally concludes with recommendations for improving the expert evaluation system's deficiencies.