SLIIT International Conference on Engineering and Technology [SICET]

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SLIIT International Conference on Engineering and Technology is organized by the Faculty of Engineering. SICET welcomes submissions from various disciplines, focusing on emerging trends in Engineering, Technology, and Applied and Natural Sciences. The conference will encompass research in theory, practical applications, and education. This event offers a unique platform for academics, student researchers, and industry practitioners to present innovative ideas and engage with professionals from diverse engineering fields

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Author: search.filters.author.Edirisinghe, VSubject: search.filters.subject.Sri Lanka

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    PublicationOpen Access
    Negotiation as an ADR Technique in the Sri Lankan Construction Industry
    (Sri Lanka Institute of Information Technology, 2023-03-25) Deshabhi, K.A.G; Edirisinghe, V; Dahanayaka, G; Siriwardana, M
    The construction industry is complex, and disputes are common in this industry. One primary method used in dispute resolution in the Sri Lankan construction industry is negation. Negotiation is considered a cost and time-effective alternative dispute resolution method. However, the contracts formed based on Construction Industry Development Authority (CIDA) do not include negotiation as a dispute resolution (DR) method. Therefore, this study aims to find the reasons for the failures in dispute negotiation and develop a framework to improve dispute negotiation in the Sri Lankan construction industry. There were two methods applied in this research. Because to avoid being based on a limited set of construction industry-related disputes. Five interviews were conducted by construction industry professionals to organize the data collection through documentaries and selected construction industry professionals are one projects director, one Chartered quantity surveyor, one engineer, one project manager, and one quantity surveyor to cover management level, chief level, and senior level. Then 250 claims were collected relevant to design changes, payment-related issues, time-related issues, documentation, and work quality. Out of those five types of claims, the majority of payment and timerelated disputes were resolved unsuccessfully through negotiation. Reasons for those disputes to fail in resolving through negation are negotiation outcome do not have statutory powers, the attitude of disputing parties, lack of negotiation skills, lack of trust towards negotiation, and less documentary information. The study recommends CIDA improve negotiation practices in the Sri Lankan construction industry by providing proper training, including negotiation as a compulsory DR, provide awareness programs to the industry stakeholders on dispute negotiation and its benefits.
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    PublicationOpen Access
    Challenging Arbitral Awards in the Construction Industry
    (SLIIT, 2022-02-11) Jayasinghe, R; Dahanayake, R; Edirisinghe, V
    One of the most common alternative dispute resolution methods used in the Sri Lankan construction industry is arbitration. However, challenging arbitration awards based on legal grounds at the courts has been a current trend by the disagreeing party. If this situation occurs continuously, the purpose of having arbitration as an alternative dispute resolution method can be abandoned. Therefore, the study aims to identify the causes where arbitration is challenged in multi-story building construction projects in Sri Lanka through a case study. The methodological choice was qualitative and used semistructured interviews from six arbitrators and 2 case studies that referred to courts to challenge arbitration awards as research strategies. The study found the poor attitude of parties, lack of technical knowledge, reliability, and capability of the arbitrator to act according to the arbitrary acts imposed by the government as the main causes. Further. The study recommends arbitrators consider the reasons to act well enough and reject the cases if the arbitration is likely to be challenged in courts, train arbitrators to be reliable and on technical knowledge, and improve parties' attitudes by educating on the arbitration procedure and its benefits.