Author_Institution :
Xi´an University of Architecture and Technology, College of management, Xi´an, China
Abstract :
Notice of Retraction
After careful and considered review of the content of this paper by a duly constituted expert committee, this paper has been found to be in violation of IEEE´s Publication Principles.
We hereby retract the content of this paper. Reasonable effort should be made to remove all past references to this paper.
The presenting author of this paper has the option to appeal this decision by contacting TPII@ieee.org.
The overall stock of construction disputes in China is quite enormous, and the cost of justice in settling these disputes remains stubbornly high. In order to solve the problem efficiently, economically and harmoniously, this paper summarizes and analyzes the problems and deficiencies of the litigation and arbitration systems now we used on the basis of the status quo through the positive survey. An establishment of adjudication system is proposed, and a framework for this specific system has been built up which includes the meaning of the specific middle arbitration, as well as its nature, characteristics and status. And the scope, adjudication institutions, arbitrators and their choices, replacement of the arbitrators, adjudication procedures, time limits, effectiveness of adjudication, fees of adjudication and other matters related about 10 aspects have been involved. This institutional framework had been submitted to Xi´an Arbitration Commission in 2009. A system analysis has been done in consideration of 3 aspects as follows: cultural environment in China, legal environment in China and international practices in order that the framework becomes more and more feasible. Simultaneously, an investigation for the adjudication system has been implemented surveying 20 construction companies and a total of 300 construction contract management officers in the city of Xi´an, Xianyang, Tongchuan of Shaanxi Province.
