UNDERSTANDING ALTERNATIVE CONSTRUCTION DISPUTE RESOLUTIONS IN COMMON LAW AND CIVIL LAW COUNTRIES

Abstract

Construction work is now carried out on an international scale, and involves many parties from various countries. Dispute resolution in construction contracts is often a challenge because it involves various parties with different interests. Disputes that arise can be caused by differences in contract interpretation, changes in working conditions, or non-conformity of work results with agreed specifications. Dispute resolution methods through Litigation and Non-Litigation are alternative solutions, especially for disputes in the construction sector that require fast and professional resolution. This paper discusses alternative mechanisms for resolving construction disputes through non-litigation as an option for resolving construction work contract disputes in Indonesia (Civil Law) and in America (Common Law), including its advantages and challenges. The approach used is the method of analyzing relevant laws and regulations. The results show that alternative construction contract dispute resolution through non-litigation offers various advantage. Different Arbitrase procedure in Common Law and Civil Law Countries, but the same procedure for Dispute Board.