Suitability of expert determination as an ADR method for Sri Lankan building projects with a foreign party involvement

Abstract

This research investigates the suitability of expert determination as an Alternative Dispute Resolution (ADR) method for resolving disputes in Sri Lankan building projects involving foreign parties. The study is motivated by the industry's challenges, including high competition, complex relationships, and evolving legal applications. While Alternative Dispute Resolution (ADR) methods are recognized for their efficiency, the application of expert determination is low in Sri Lanka, particularly in projects governed by FIDIC conditions. The aim is to identify industry problems and barriers to using expert determination and proposing strategies for advanced resolution in disputes. The methodology follows interpretivism as the research philosophy, employing a deductive reasoning approach. The research strategy involves a survey method with a qualitative approach, using content analysis for data analysis. Ethical considerations are integral to the study, ensuring participant rights, privacy, and data integrity. Expert interviews reveal a growing recognition of expert determination's potential effectiveness in resolving various disputes. However, challenges related to statutory and contractual gaps, awareness, and enforceability persist. The analysis of the current state indicates a mixed landscape with limited but growing adoption in the Sri Lankan construction industry. Experts recognize the potential of expert determination in projects with foreign party involvement but note challenges in adoption. The study contributes significantly to understanding dispute resolution in Sri Lanka's construction industry, emphasizing the role of ADR methods, with a specific focus on expert determination. Recommendations include explicit contractual clauses, educational initiatives to address awareness concerns, legislative backing, specialized expert selection, and collaboration with international ADR standards. These recommendations aim to enhance the application and credibility of expert determination in Sri Lankan construction projects involving foreign parties.