C2170 Construction Law: Contracts & Dispute Resolution Report

This report provides a comprehensive overview of construction law, contracts, and dispute resolution, focusing on key aspects such as tender documentation, obligations imposed by law, and potential disputes arising from project execution. It examines issues like staff and equipment removal, staged access, power and IT disruptions, building fire safety, student safety, and asbestos management. The study compares JCT 2011 and 2016 contracts, evaluates advantages of various dispute resolution options, and discusses the importance of proper processes like preliminaries and tender stages in construction projects. The report also addresses challenges related to demolition and construction, equipment disposal, and enabling services and facilities, highlighting the need for effective dispute resolution techniques and adherence to Joint Contracts Tribunal standards to ensure project success.

Running head: CONSTRUCTION LAW, CONTRACTS AND DISPUTE RESOLUTION
Construction Law, Contracts and Dispute Resolution
Student Name:

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Table of Contents
1. 0 Introduction...............................................................................................................................4
2.0 Consideration of the Issues and Obligations.............................................................................4
2.1 Integration of the issues and obligations...................................................................................5
2.2 Disputes.....................................................................................................................................6
2.2.1 Staff and equipment removal..................................................................................................6
2.2.2. Staged access.........................................................................................................................6
2.2.3 Joint Contracts Tribunal.........................................................................................................6
2.2.4 Power and it disruption...........................................................................................................6
2.2.6 Building fire safety.................................................................................................................7
2.2.7 Student safety..........................................................................................................................7
2.2.8 Asbestos..................................................................................................................................7
3.0 Tender documentation...............................................................................................................8
3.2 Challenges..................................................................................................................................8
4.0 Equipment for disposal..............................................................................................................8
4.1 Enabling service and facilities...................................................................................................9
5.0 Comparison of JCT 2011 and 2016 with quantities................................................................10
5.1 Changes....................................................................................................................................11
5.2 Tender stage.............................................................................................................................11
6.0 Evaluation of advantages of several options...........................................................................16

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6.1 Advantages of various options.................................................................................................16
6.2 Disadvantages of several options.............................................................................................17
7. Conclusion.................................................................................................................................17
8. References..................................................................................................................................19

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Executive Summary
It is essential in construction projects to have proper processes like preliminaries, tender
documents, and tender stage that are discussed in the study. The obligations are imposed by law
imposed from the contract or negligence of the parties. Scope or specification and plans of work:
There are the possibilities that disputes may be raised in contrast of the scope of work
considering the possible modifications or amendments considering particular areas of the
construction project. The building structure for the new floor and the conflicting utilities are the
possible matter of disputes. The structural units interfering with the communication systems, life
safety, electrical, and mechanical are the conflicting stakeholders in this scenario. The
management needs resulting from the issues as well as recommends appropriate access to
dispute. The implications of client issues, advantages and limitations are discussed in the present
study.

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1. 0 Introduction
Construction projects are related to claims, whereas the construction industry is known to have
some most documented disputes as well as conflicts of the industry. Disputes can vary drastically
across single project site, which it can feel overwhelming for pursuing a solution. In the present
study, the mechanisms by which the law related to the constructional professional is enacted as
well as developed. In addition, the obligations that are imposed through law that are imposed
through law from the contract or negligence of the parties are discussed. It is essential to evaluate
the contract principles as well as related case law about construction disputes. In addition, the
management requires resulting from the specific issues and recommends most proper process as
well as remedies that are available to the specific parties to a dispute. The present study deals
with analysis of the implications of client issues, the benefits as well as limitations for the
solutions to incorporate in documentation of the contracts.
2.0 Consideration of the Issues and Obligations
The tight budget and troubles related to cash flow over the rough spots could possibly lead to the
disputes in the present scenario. The cash or budget is the major concern for the deployment of
the construction project without any dispute (Hughes et al., 2015). A legal system or proper
dispute resolution techniques are required for assuring that the disputes does not arise at the first
place or must be resolved even if the dispute has been already raised. Following are the disputes
or the concerns on which the disputes can be raised considering the various components of the
project:

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2.1 Integration of the issues and obligations
The interpretation of the design professionals and contractors can be different from the
perspective of the general contractor or subcontractor and the owner of the project during the
instances when there is an ambiguous or unclear specification or plan (Gibbs et al., 2015). It can
also occur during when there is contradiction to the specifications. The other dispute can be
claimed in the process of the RFI that is a general process of problem handling in relation to the
specifications or plans interpretation. There are possible chances that this process might fail
because of the various reasons including the following:
[1] Late in the responds related to the RFIs,
[2] The design professional refusal or failure of in recognizing or acknowledging the
problems
[3] The possibilities of the crossover between the construction methods or means and project
design, and
[4] The misuse or abuse of the contractor during or throughout the RFI process
The subcontractor and contractor have certain scope of work that can be a considerable
reason of dispute in which dispute can be made over this scope of work. For example, the
subcontractor can make bidding without defining the scope of the work, the contractor might not
understand the scope of the work that ultimately leads to the disputes (Ojiako et al., 2018).
Following are the dispute resolution techniques those could possibly be applied for restricting or
limiting these disputes from happening in the first scenario:

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2.2 Disputes
2.2.1 Staff and equipment removal
Productivity in the construction industry can be defined as output per hour. The labor constitutes
a large part in the present construction cost as well as quantity of labor in order to perform a
project. In order to perform a task, it is essential to measure the process.
2.2.2. Staged access
Construction site of the particular project is accepted as dangerous places. Hence, it is required to
focus on failing materials or tools, falling into trenches, from height, stuck through moving plant
as well as vehicle. On the other hand, it is required to take effective measure on the contact with
electricity or any kind of hazardous materials.
2.2.3 Joint Contracts Tribunal
The joint contracts tribunal generates standard forms of contract for construction and provide
guidance as well as other standard documentation for use in the construction industry (Mason
and Escott 2018). From the processing and developing the building, it is required to follow the
standard of Joint Contracts Tribunal.
2.2.4 Power and it disruption
It is required to focus on power and its distribution procedure in the project. The requirements to
enable work package enshrined in the major contract is considered as basic part of development
of the project. The incorporation of the process enables the main agreement that will safeguard
the aspects of the project. It should to be noticed that the architect does not guarantee partial

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belonging, but rather only records it with a composed articulation that essentially states what
parts have been taken into ownership by the customer and the date when it happened
2.2.6 Building fire safety
Buildings require to be designed to offer an acceptable level of fire safety as well as reduce the
risks from heat along with smoke (Mason and Escott 2018). The basic objective is to minimize to
within acceptable limits the potential for death or injury to the occupants of the building
involved. The risk to adjoining properties require to be considered and potential environmental
pollution
2.2.7 Student safety
It is required to enhance student safety in the project. Proper guidance and standard needs to be
followed in the project. .
2.2.10 Disputes Pyramid: there are very few disputes those ultimately results into arbitration nor
litigation and most of the disputes can be solved through using the wide range of the alternative
processes. According to Mason and Escott (2018), three major categories of the litigation or
alternatives can be taken for tackling the disputes those might be raised in this construction
project.
3.0 Tender documentation
A tender is an accommodation made by a planned provider in light of a challenge to delicate. It
makes an offer for the supply of products or administrations. Delicate archives are set up to look
for tenders (offers).

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3.1 Challenges
The two major concerns behind the demolition and construction of the new building on the same
footprint is related to the conduction of the JDRs and should be conducted within the private
mediation rooms despite of the public rooms. It must consider the fact that none of the
individuals are forcing the JDR program on any of the individuals. It is totally voluntary with an
option for the parties for not using it by the parties (Awwad et al., 2016). JDR program is for the
individual who are willing and do not forces others to surely participate in it. The second
considerable fact is that it has not any relation with the conduction of the public institution issues
of saving the judicial resources considering the saving budget conscious government because of
the judicial resources or related to the judicial time saving results those are not leading to certain
issues that must be understood.
4.0 Equipment for disposal
The correction time frame for the Relevant Part begins to keep running from the esteemed Partial
culmination date. Surplus hardware must go to a grounds redistribution distribution center. It
can't be discarded by some other strategy, for example, tossing in the rubbish/dumpster, moving
or giving ceaselessly. In the fifth issue, it has been mentioned “The client is worried about how
the site can be made safe while students and staff are using the remainder of the campus.” This
can be resolved with the help of the following techniques:-
 Unit delegate readies the piece/surplus demand in FABweb.
 Unit approver surveys and presents the demand to Property Accounting in FABweb

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 Property Accounting will survey and endorse and send endorsement through email to the
Unit Representative or will decay the demand in FABweb if there are issues with the
demand. Every grounds distribution center has an alternate gear conveyance method. See
OBFS Policies and Procedures Manual
The areas will have been set up at delicate phase of, at the precise most recent, when the
agreement was executed. The correction time frame for the applicable segment begins to keep
running from its useful fulfillment date, as set out in the area consummation authentication. Risk
of loss or damage and protection in charge of the pertinent area is passed back to the business on
the sectional PC date, as expressed in the segment fulfillment testament.
4.1 Enabling service and facilities
The sectional fulfillment does not require any count on the decrease of liquidated damages.
There is a sectional fruition, sold damages can be associated with the agreement on a for every
segment premise. The customer ordinarily discharges half of the maintenance monies for the
pertinent area to the contractual worker. In considering the alternatives over, the sectional
belonging building contract is prescribed. This will be great from the customer's viewpoint as it
accomplishes convictions. This can help settle the issue of putting away hardware evacuated
preceding the beginning of the development works and the relocation of understudies and stuff in
case of a generous postponement brought about by unforeseen issues nearby.
5.0 Comparison of JCT 2011 and 2016 with quantities
From the past six months, the JCT had been quietly releasing various new 2016 standard
suites for the contracts. The new JCT 2016 starts with the alignment of the “Minor Work
Building Contract” with the “Standard Building Contract” and “Design and Build Contract” and

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it is being expected that the JCT is recently about to join with the Major and Intermediate forms
later in the year (Alwee et al., 2016). For discussing the difference between both the standards,
chronological information can be produced as following:
1998 edition was effective and helpful in bringing the new payment and adjudication regimes in
addition to the mandatory of the Construction Act 1996. Later on the 2005 edition introduces a
modification in the existing standard through rewriting the forms from the ground up, in addition
to the new common terminology and uniform structure.
2011 edition was all about the incorporation and update from the “Local Democracy, Economic
Development and Construction Act 2009 and Bribery Act 2010.”
The JCT 2016 has following three new payment regime those are the considerable changes
introduced in the existing standard:
[1] Payment Frequency Change
[2] Common Valuation Date
Debt Recovery Mechanism
The biggest and first change that is being made in the new JCT can be seen in the new
“Construction Supply Chain Payment Charter” of the government that is being made for
accomplishing the high speed payment through the supply chain. In the previous scenario, the
parties are allowed to set any of the month’s day as the recurring due date that ultimately took a
long time to go to the sub-contractors or the sub-sub-contractors with almost a total time of 16 to
19 days. The introduction of the common valuation date concept is capable of improving the
speed of the operating the contractual chain and ultimately speeding up the payment delivery to
the contractors, sub-contractors and sub-sub-contractors (Clack et al., 2016). Everything related

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to the contract is being processed and assessed together and the payment is being made at the
single go.
5.1 Changes
Relatively minor changes have been introduced in the mechanism of expense and loss, majorly
emphasizing on tighten up the timing and provide higher certainty for the claims those are
already outstanding. In the previous 2011 edition, it was mandatory for the contractors to notify
the CA/architect when the contractor thinks that the regular process will have certain adverse
impact on the project. However, under the new standard or provision, there is a mandatory
situation where the contractor will have to notify the CA/architecture little earlier than it was
being made in the previous scenarios (Perera et al., 2016). Security provisions are being
introduced for the first time in the new reformed edition that emphasizes on the provision for the
parent company guarantees and performance bonds. The only required concern in this standard is
the identification of the agreed form from the side of the parties.
5.2 Tender stage
“Construction (Design and Management) Regulations 2015 introduced in Amendment 1 to the
JCT 2011 suite” had many necessary changes however; the new 2016 edition has reformed the
standard. A minor change is also introduced in this section through the replacement of the CDM
Coordinator with the principal designer in addition to the revised statutory definition in the
construction phase along with the various changes in the clause numbering.
The summary can be made that there are not any vital changes have been made in the existing
2011 standard. The new standard is effective enough for saving the string of the changes and

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updating everything and process that is nothing but business. An intercession which begins off in
a simply facilitative manner may end up evaluative so as to attempt and achieve a settlement.
This may happen deliberately, in line with the gatherings, or with thinking ahead with respect to
the middle person, or inadvertently by the words or activities of the go between. The limit is
clear in principle, yet not really by and by. In any case, at an essential dimension a refinement
can be made between "settlement" procedures and "choice" - forcing forms. Control of the result,
or the ability to settle rests with the gatherings amid arrangement, intervention and placation. On
the other hand, "adjudicative" or "umpiring" forms, for example, case, discretion and settling,
depend on the judge, mediator or adjudicator having the ability to force a choice. What we have
then are three center strategies that might be utilized in the goals of debate. To start with,
arrangement, which alludes to the critical thinking endeavors of the gatherings. Second, outsider
intercession, which does not prompt a coupling choice being forced on the gatherings. At long
last, the adjudicative procedure, a definitive result of which is a forced restricting choice. Such a
methodology, who allude to the "three columns" of question resolution. The discrete systems
might be presented fewer than one of the three columns, contingent on the principle qualities of
the specific procedure. The scheme is making an attempt in order to provide a workable
adjudication process that the supplements regime can act. The parties have an important written
process that sets nature as well as explanation of dispute. In addition, the scheme contemplates
that there are two parties to the contract. Moreover, the scheme contemplates that the scheme
contemplates that the parties would be helpful to understand the explanation of demand.
Moreover, there is a range of alternative standard form adjudication processes that have
developed from multiple corners of the industry. On the other hand, the construction industry
council has launched the first edition of the process. The CIC is considered as helpful method for

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the process and leave as primary tier. The issue of possibility of obtaining staged access can be
nullified with the help of that.
Arbitration is one of the procedures that are subjected to make the process effective and subject
to make statutory controls. The standard form adjudication process has developed from multiple
corners of the industry. From a legal perspective, it can be helpful considering the construction
Industry as comprising building sector along with the building work that is generated with the
process. An arbitrator is considered as a procedure that subjects to have statutory controls and
provides alternative to make litigation. The parties have the procedures that are available like
alternative to litigation. The differentiation of historical significance involves with jurisdictions
and comparatively current recognize the agreements for referring future recognition of the
agreements.
The benefits of arbitration are required to include flexibility, economy, privacy as well as
expedition and having freedom of the choice arbitrator as well as finality. However, it is
required to ensure that the arbitration is fair process with cost effective as well as rapid In order
to promote the party autonomy and respect different parties of selection (Lu et al., 2015). On the
other hand, it is required to ensure that the supportive powers are available at the right time. It is
also important to follow the model where law can be applicable. The objectives include the
following section.
The objective of arbitration is required to gain fair resolution of the disputes through an impartial
tribunal without making unessential delay. The parties need to agree the process of resolving the
issue and are subjected to agree making the process resolved. The procedure of arbitration is
considered under the major categories like agreement for arbitrating, arbitrator, the process and

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award as well as achievement. The parties agree to arbitrate the process the activities and submit
the procedure. The parties required to consist of developing a valid arbitrate. It can resolve a
frequent process that merely referring to the standard form contract that includes a process that
can be helpful for the organization to ensure effective procedure. In case of the last issue, NEC4
can be recommended. This is mainly because, the progressions have been intended to help the
on-going drive for further coordinated effort and reconciliation of groups, more prominent
utilization of current work techniques, better shirking of question and progressively powerful ID
and the executives of hazard and opportunity – all of which will push lead to increasingly
effective results.
There are several methods that exist in the project. On the other hand, it is important to focus the
process and helps to develop fairly as well as impartial work between the parties. It provides the
parties a reasonable scope to put the case in order to deal with the opponent as well as adopt the
process suitable to the specific process and adopt effective as well as suitable circumstances of
the case. It is required to adopt the circumstance of the case and avoid unessential delay so that it
would be helpful to provide a fair way for the resolution of the matters that falls to determine
(Chaphalkar et al., 2015). On the contrary, the dilemma is required to progress for the arbitration
as well as an issue that deals with specific matters in the dispute during acting fairly process and
deals with same time not to exceed for the power of acting and omitted in making the discharge
process.Truth be told, not very many debate result in prosecution or assertion. Numerous debates
are settled or settled through a wide scope of elective procedures. It has been shown that a
significantly more prominent number of cases and complaints develop yet are not sought after.
He proposes that the phases of a question's appearance and acceleration could be spoken to
outwardly as a pyramid. This "debate pyramid" speaks to the phases in the questioning

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procedure. It makes reference to the debate pyramid, expressing that the lower layers identify
with the development of question, while the upper layers identify with legal counselors and the
courts. He thinks about that the official arrangement of the courts and attorneys might be
pictured as the upper layers of a monstrous lawful mass. Information might be gathered on the
events of prosecution which is in general society space. He proceeds to think about that there are
three principle classifications of option in contrast to prosecution: 1. Informal frameworks. This
incorporates all types of private settlement process. 2. Inaction or lumping it. This implies the
grumbling or guarantee isn't sought after. 3. Exit. This refers to a withdrawal from a
circumstance or relationship by moving, leaving, disjoining connections or finding new
accomplices.
6.1Evaluation of advantages of several options
In construction practices, a medication starts from a complete facilitate method that is required
to assess in order try as well as reach the settlement. In order to overcome the client issues,
disputes pyramid can be helpful. The dispute results in litigation or arbitration process. There are
several disputes that can be resolve and settled by a range of alternative procedures. It is
important to demonstrate that a greater number of claims as well as grievances can emerge. It is
also required to suggest that the stages of a dispute manifestation as well as escalation could be
represented visually. On the other hand, it is important to focus on the analysis and use of the
procedures. There are unofficial systems that consist of the forms of private settlement
procedures. In addition, inaction or lumping it can be helpful to pursue the process. Exist is
referred as withdrawal of the system (Chaphalkar et al., 2015). On the other hand, it is important
to focus on the utilization of exiting from a relationship that will depend upon availability of
alternative scope. “The client is worried about how the site can be made safe while students and

16CONSTRUCTION LAW, CONTRACTS AND DISPUTE RESOLUTION
staff are using the remainder of the campus”- The given issue can be resolved through effective
arrangements.
6.2 Disadvantages of several options
Wellhausen (2015) stated that there are also disadvantages for using the techniques in order to
act as peacemaker. There is informal procedure where the parties are assisted through several
neutral third parties. Mediators cannot judge dispute. However, the activities are important for
the organization to make the process effective. Currently, there has been a development of
international system where it is required to understand the procedure using the system that can
assist to ensure the activity. The commercial sector has started taking an interest in CEDR for
promoting ADR in commercial setting. In addition, it is important for the adjudicator for
enjoying power through agreement of the parties. On the contrary, housing grants construction
and regeneration act 1996 is one of the major drawbacks involved in the system. The parts
associating with the requirements are important to manage scheme for construction contracts. A
document of consultation has been issued by the department that receives the process that can
assist the organization to understand and contract for making the process active. It is important to
understand the process that requires adjudication process.
Recommendations
There are several benefits of using alternative dispute resolution. It helps in maintaining business
relationships. Here is a clear mediation considered cheaper. However, it is argued that the
lawyers are not essential in the procedures during considering the lawyers as a valuable addition.
Confidentiality is considered as one of the benefits for using ADR. A mediated settlement
focuses on interest of the parties as well as requirements. The mediator has an important role to

17CONSTRUCTION LAW, CONTRACTS AND DISPUTE RESOLUTION
generate high levels of satisfaction for the parties (Lu et al., 2015). On the contrary, it is
important to understand that the high levels of satisfaction are not obtained. On the other hand,
the research has suggested that the high levels of satisfaction are not properly attained.
While the starting points of intercession might be antiquated and Eastern, the ongoing
progressively formalized procedure has primarily created in the USA. In the UK, intervention
was at first considered important in the goals of family disputes. But, has intervention, or other
elective strategies, pulled in equivalent consideration in development. Not exclusively is the
development business vital broadly and globally, yet it is additionally, apparently, the biggest
business in the UK; pulling in a similarly huge volume of different debate, over a wide scope of
qualities. The writing accessible demonstrates that ADR is a broadly talked about order inside
the statute of development debate. Numerous journalists give a narrative audit of the topic.
Hardly any authors adventure past the regulating to consider the truth of ADR, and many expect
that this term relates just to intercession.
7. Conclusion
From the above discussions, it conclude that it is important for a construction project to focus on
construction Law, Contracts and Dispute Resolution so that it would be helpful to analyse the
issues and obtain competitive benefits. In the study, the obligations as well as issues are needed
to identify within the contract. In addition, the contract principles would be helpful to develop
effective standard. The contract principles as well as associated case about the construction
disputes are evaluated in the study. It would assist to understand the issues and challenges and
recommend solutions to overcome the challenges.

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8. References
Alwee, S. N. A. S., Hashim, H., Maisham, M., Mahat, N. A. A., & Ahmad, N. (2016). Cost-
related issues in Malaysian construction contracts. In Proceedings of the 2nd
International Colloquium of Art and Design Education Research (i-CADER 2015) (pp.
473-485). Springer, Singapore.
Awwad, R., Barakat, B., & Menassa, C. (2016). Understanding dispute resolution in the Middle
East Region from perspectives of different stakeholders. Journal of Management in
Engineering, 32(6), 05016019.
Chaphalkar, N. B., Iyer, K. C., & Patil, S. K. (2015). Prediction of outcome of construction
dispute claims using multilayer perceptron neural network model. International Journal
of Project Management, 33(8), 1827-1835.
Chen, F. (2016). China’s road to the construction of labor rights. Journal of Sociology, 52(1), 24-
38.
Clack, C. D., Bakshi, V. A., & Braine, L. (2016). Smart contract templates: foundations, design
landscape and research directions. arXiv preprint arXiv:1608.00771.
Gibbs, D. J., Emmitt, S., Lord, W., & Ruikar, K. (2015). BIM and Construction Contracts: CPC
2013's approach. Proceedings of the ICE-Management, Procurement & Law, 168(6),
285-293.
Hughes, W., Champion, R., & Murdoch, J. (2015). Construction contracts: law and
management. Routledge.

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Lu, P., Guo, S., Qian, L., He, P., & Xu, X. (2015). The effectiveness of contractual and relational
governances in construction projects in China. International Journal of Project
Management, 33(1), 212-222.
Mahamid, I. (2016). Micro and macro level of dispute causes in residential building projects:
Studies of Saudi Arabia. Journal of King Saud University-Engineering Sciences, 28(1),
12-20.
Mason, J., & Escott, H. (2018). Smart contracts in construction: Views and perceptions of
stakeholders. In Proceedings of FIG Conference, Istanbul May 2018.
Ojiako, U., Chipulu, M., Marshall, A., & Williams, T. (2018). An examination of the ‘rule of
law’and ‘justice’implications in Online Dispute Resolution in construction
projects. International Journal of Project Management, 36(2), 301-316.
Perera, N. A., Sutrisna, M., & Yiu, T. W. (2016). Decision-making model for selecting the
optimum method of delay analysis in construction projects. Journal of Management in
Engineering, 32(5), 04016009.
Wellhausen, R. L. (2015). Investor–state disputes: when can governments break
contracts?. Journal of Conflict Resolution, 59(2), 239-261.