A Comparative Study on the Settlement Mechanisms of Contract Disputes in Public Construction—Focus on the Alternative Dispute Resolutions—

• Main Authors: Shang-yu Li, 李尚宇
• Other Authors: CHEN-ERH LIN
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/33426881551469384995

碩士 === 東吳大學 === 法律學系 === 100 === In the past the government had vigorously promoted arbitration system as the resolution of contract disputes of public construction. However, suffering from unfavorable judgment oftentimes due to the arbitration system, the government decided to rule out arbitration system by adopting standard contract as well as allowing the parties to bring an action to set aside the arbitral award. Since then, the contract dispute of public construction can not help but resort to litigation. For searching a solution to the paradox, in July 2007, the government passed the Law of the Government Procurement Article 85-1 Section 2, opening the dispute settlement system of “First Mediation Later Arbitration” which loosens the requirements of arbitration filed by the supplier. However, the mechanism of the “First Mediation Later Arbitration” still faces the inherent problems in the practical operation, such as failing to reach consensus of the proposal of mediation or mediatory advice. This thesis thus refers to the methods of dispute resolution and ADR system adopted by Western countries and proposes a mechanism that combined ADR and litigation system. In so doing, the contract dispute of public construction could be solved in a more integrated, accountable and trustable remedy procedure as well as taking the substantial and procedural interests of the parties into account. Therefore, the thesis makes a cross-national analysis of the related system, examines the problems of the government procurement law, and provides suggestion for the resolution of disputed contract of public construction.