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Abstract

Arbitration is a widely recognized method for resolving construction disputes, relying on the parties' mutual agreement and the enforceability of well-drafted clauses. This study examines the key elements that contribute to the effectiveness and validity of arbitration clauses in construction contracts. The aim is to provide practical drafting guidelines and a validated practitioner checklist. The research combined a comprehensive literature review, expert interviews, a pilot and final questionnaire survey involving 49 legal and engineering professionals, and real-world case study analyses. Data validation and thematic analysis were used to identify critical factors influencing the clarity, enforceability, and efficiency of arbitration clauses. The study identified 19 essential elements necessary for drafting effective arbitration clauses. Validation through case studies confirmed the applicability and reliability of the developed checklist. The proposed checklist model offers construction professionals a structured framework to draft arbitration clauses that minimize ambiguities, ensure legal compliance, and enhance enforceability across jurisdictions. This contribution supports improved contract management and dispute resolution practices in the construction sector. This research bridges a critical gap between theoretical arbitration clause models and practical clause drafting for construction projects, providing practitioners with a validated, comprehensive tool to strengthen dispute resolution mechanisms.

Keywords

Arbitration clause, Dispute resolution, Clause validity, Drafting checklist model

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

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