Taxmann Construction Arbitration By Dr. S.B. Saraswat Edition 2021
Taxmann Construction Arbitration By Dr. S.B. Saraswat Edition 2021
Description
This book has been conceived to address a particularly pressing aspect of ?disputes in constructions projects?. It provides a practical guide & follows a very systematic approach, to dispute resolution, through mediation, conciliation and arbitration, under the construction contracts. It covers all aspects of the causes of delay?including coverage of delay analysis report, the various disputes, and the arbitration process for satisfactory & faster resolution.
This book is based on issues relating to major EPC projects of process industries such as steel, petrochemical, power plants, etc. It also covers issues relating to? the infrastructure sector in private and public sectors.
This book will be useful for persons involved in construction arbitration, lawyers, project professionals, arbitrators, students and academicians.
The Present Publications is the 1st?Edition, incorporating analysis of problems of the construction sector and their impact along with analysis of 10 case studies while attempting to cull out the necessary principles involved in the execution of the projects.?The key features of this book are as follows:
In the introduction, the current scenario of construction sector has been discussed, along-with the problems faced by them and its impact on country?s growth/GDP.
[Delay Analysis Report] Project finalization & execution has also been briefly addressed, along with detailed description of possible reasons of conflicts and disputes in large projects. It also includes Delay Analysis Report (?DAR?) detailing all the delays which take place in construction projects.
[Preparation of Claims with Examples] Preparation of claims and counter claims has been elucidated (with examples) along-with organizing the evidence for construction arbitration.
Use of Alternate Dispute Resolution (?ADR?) mechanism, for dispute resolution has been discussed.
[Case Studies] are provided, that compare the project execution methodology, concerning private and public sectors and the outcomes of projects.
[Simple & Lucid Presentation of Text] Technical, contractual & commercial reasons for delay in projects have been described in simple language, which can be understood by lawyers, arbitrators, and laymen working in the construction industry
The contents of the book are as follows:
Impact of disputes in construction sector
Ideal needs of successful project execution
Overview of projects and construction sector in India
Types of construction contracts ? Traditional
Projects execution in India ? Status
General process of finalization of EPC contract for large projects
Stakeholders in EPC project
Analysis and comparison of salient features of different EPC contracts
Critical examination, comparison and review of major clauses of EPC project contracts
Brutal global impact of COVID-19
Force majeure in Indian projects due to COVID-19
Project monitoring & control
Pre-requisites for successful completion of an EPC project
Case studies of project execution detailing the methodology of execution, elements of delay and potentialities of disputes in projects
Conclusions drawn from the case studies of project execution
Common clauses of delays in EPC projects
Preparation of project Delay Reports
Delay analyzing techniques in construction projects
Delay in construction contracts ? A Legal View
Construction dispute resolution as per Alternate Dispute Resolution mechanism
Settlement of construction dispute through Negotiation
Settlement of construction dispute through Mediation
Settlement of construction dispute through Conciliation
Settlement of construction dispute through Arbitration
Indian Arbitration and Conciliation (Amendment) Act, 2019 a reflection
Claim in a construction project
Need for evidence in construction arbitration
About the author
Dr. S.B. Saraswat
Dr. S.B. Saraswat is a well-known technologist in the Steel sector, with more than four decades of expertise in Projects and Supply Chain Management and implementations of e-auctions. In the past he has worked in following senior positions
Joint Director | SAIL
Director | Global Steel, Europe
Managing Director (Projects) | Danieli Corus India
Presently, he is Managing Director of Global E-Auction (P) Ltd. He has completed many projects in India, Europe and Middle East.
Dr. S.B. Saraswat is an electrical engineer with PG qualifications in ADR, Material Management, Public Administration, Industrial Engineering and Ph.D. He holds certifications of ISO & High Tension Supervisory Competency.
Dr. S.B. Saraswat is an Arbitrator on panel of forums of ICA, SCOPE, CIAC, IDAC-Ahmedabad, Newton Arbitration-UK, BIMA CC-Bangalore, Indian Institute of Arbitration & Mediation-Kochi, AIC ADR-Delhi, IITArb-India and PHD Chamber of Commerce-Delhi
He is the Vice Chairman of Indian Institutions of Plant Engineers (IIPE-D/H), Chartered Engineer, Fellow of Institution of Engineers (I), Fellow of Indian Institution of Plant Engineers and Fellow of IITArb. He has been member of Society of Construction Law, UK.
Dr. Saraswat? is an international speaker on Projects, SCM, e-commerce, and Arbitrations. He has been instrumental in the lead role to implement e-auctions in one of the largest PSU organizations of India since year 2000 and large private organizations in Europe. He is also the founder of Global Arbitration Support Forum, for services? and availability of arbitrators, lawyers, technical experts, consultants and trainers.
He has authored the following books:
Taxmann?s Construction Arbitration | Delays, Disputes & Resolution
Taxmann?s A Practical Guide to E-Auctions | 75 Ideas for increasing your Company?s Profit
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