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Analysis of Roadblocks to the Adoption of Dispute Boards in Egypt
The Egyptian construction industry's growth has increased the potential for complex disputes. Dispute Boards (DBs) are globally recognized as an effective Alternative Dispute Resolution (ADR) method for dispute prevention and timely resolution. However, their adoption in Egypt remains limited. This...
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| Format: | Thesis |
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AUC Knowledge Fountain
2026
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| Summary: | The Egyptian construction industry's growth has increased the potential for complex disputes.
Dispute Boards (DBs) are globally recognized as an effective Alternative Dispute Resolution (ADR) method for dispute prevention and timely resolution. However, their adoption in Egypt remains limited. This study identifies and quantitatively assesses the misconceptions hindering DB adoption through a literature review and structured interviews with 16 industry experts with direct DB experience. The research reveals barriers: a significant trust disparity between employers (average pre-trust: 5.1/10) and contractors (average pre-trust: 7.6/10), a misconception of high cost (actual average: 0.251% of contract value), and systemic challenges like delayed appointments and challenges in the enforcement of DB decisions. In response, this paper proposes targeted amendments to Clause 21 of the FIDIC 2017 contract, derived directly from the practical findings. The amendments are designed to mandate timely DB constitution, introduce cost caps, enhance transparency, and establish clear enforcement mechanisms, including summary enforcement. This research aims to provide a practical, evidence-based framework through contractual amendments to FIDIC 2017 Clause 21 that address the barriers hindering effective Dispute Board implementation in Egypt. |
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