International construction arbitration: a need for decoding the black box of decision making

This review paper is the first synthesis of both theoretical literature and empirical research related to construction arbitration decision making. It reveals a lack of theoretical consensus on the underlying ideology that should guide arbitrators in rendering awards. It demonstrates that the available thin empirical research provides mixed evidence. While there is a reason to tentatively believe that there is a growing trend to follow the “legal model” in rendering arbitral awards, the results of the existing studies are far from conclusive and much more remains to be done. Therefore, this paper argues that there is a pressing need for further empirical research to unlock the black-box of arbitral decision making. To do so, this paper calls scholars to steer away from the positivistic paradigm and move closer to the grassroots level by endorsing more interpretivist qualitative research

Evolution of construction arbitration

Arbitration is at the forefront of construction dispute resolution techniques in Palestine. This paper critically examines the historical development of arbitration and explains the recent evolution of construction arbitration in Palestine. This research depends on 12 semistructured interviews with senior arbitrators. It also draws on a thorough examination of relevant documents such as legal instruments, court cases, legislation, and arbitration clauses in standard forms of construction contracts. The study identifies the conditions that assisted the recent growth in the use of construction arbitration, such as the overhaul of legal infrastructure in the form of modern legislation governing arbitration procedure and court proceedings, the provision of contractual infrastructure in the form of widespread incorporation of arbitration clauses in construction contracts, the establishment of institutional infrastructure in the form of arbitration institutions, and the build-up of qualified construction arbitrators. The study also uncovers the barriers that preclude construction arbitration from reaching its next level and thriving, such as lengthy court enforcement proceedings, the reluctance of some international organizations to participate in arbitration seated in Palestine, and the relatively high arbitration costs

A comparison of the suitability of FIDIC and NEC conditions of contract in Palestine

Purpose: The standard forms of construction contract are receiving greater attention in the management of projects scholarship as they probably influence the project success and project disputes. The extant literature suggests that the standard forms of construction contract are one of the top sources of disputes. The purpose of this paper is to examine the effectiveness of the standard forms of construction contract, FIDIC and NEC, in reducing disputes in the Palestinian construction industry. Design/methodology/approach: The researchers have used qualitative methods to collect data and more specifically have undertaken 12 semi-structured interviews. Findings: The study reveals that the standard forms of construction contract can be a tool to minimise disputes, but certainly not to eradicate them, and NEC appears to be more capable than FIDIC to do so. Originality/value: This study contributes to knowledge by bringing an industrial perspective into the role of standard forms of contract in disputes creation and avoidance. The interviewees, recurrent users of FIDIC contract, criticised certain features and expressions and proposed some solutions

Lp-PLA 2 Antagonizes Left Ventricular Healing After Myocardial Infarction by Impairing the Appearance of Reparative MacrophagesCLINICAL PERSPECTIVE

Background—Healing after myocardial infarction (MI) involves the biphasic accumulation of inflammatory Ly-6Chigh and reparative Ly-6Clow monocytes/macrophages. Excessive inflammation disrupts the balance between the 2 phases, impairs infarct healing, and contributes to left ventricle remodeling and heart failure. Lipoprotein-associated phospholipase A2 (Lp-PLA2), a member of the phospholipase A2 family of enzymes, produced predominantly by leukocytes, participates in host defenses and disease. Elevated Lp-PLA2 levels associate with increased risk of cardiovascular events across diverse patient populations, but the mechanisms by which the enzyme elicits its effects remain unclear. This study tested the role of Lp-PLA2 in healing after MI. Methods and Results—In response to MI, Lp-PLA2 levels markedly increased in the circulation. To test the functional importance of Lp-PLA2, we generated chimeric mice whose bone marrow–derived leukocytes were Lp-PLA2–deficient (bmLp-PLA2−/−). Compared with wild-type controls, bmLp-PLA2−/− mice subjected to MI had lower serum levels of inflammatory cytokines tumor necrosis factor-α, interleukin (IL)-1β, and IL-6, and decreased number of circulating inflammatory myeloid cells. Accordingly, bmLp-PLA2−/− mice developed smaller and less inflamed infarcts with reduced numbers of infiltrating neutrophils and inflammatory Ly-6Chigh monocytes. During the later, reparative phase, infarcts of bmLp-PLA2−/− mice contained Ly-6Clow macrophages with a skewed M2-prone gene expression signature, increased collagen deposition, fewer inflammatory cells, and improved indices of angiogenesis. Consequently, the hearts of bmLp-PLA2−/− mice healed more efficiently, as determined by improved left ventricle remodeling and ejection fraction. Conclusions—Lp-PLA2 augments the inflammatory response after MI and antagonizes healing by disrupting the balance between inflammation and repair, providing a rationale for focused study of ventricular function and heart failure after targeting this enzyme acutely in MI