2007 Fiscal Year Final Research Report Summary
AStudy on Dispute Resolution Process taking into account the Structure of Decision Making in Organizations
| Project/Area Number |
18560521
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
交通工学・国土計画
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| Research Institution | Kyoto University |
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Principal Investigator |
OMOTO Toshihiko Kyoto University, Graduate Scholl of Management, Professor (10422990)
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| Co-Investigator(Kenkyū-buntansha) |
ONISHI Masamitsu Kyoto University, Graduate School of Engineering, Assit Prof (10402968)
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| Project Period (FY) |
2006 – 2007
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| Keywords | Construction Contracts / Dispute Resolution / Organization / Decision Making / Governance / Risk |
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| Research Abstract |
Large-scale infrastructure projects involve a great deal of uncertainty and risks. If the contracting parties intend to contain all agreements for uncertain situations., a contract may become extremely complex. Moreover it is in fact impossible to draft a contract, thus such a contract is called as an incomplete contract For these reasons, incomplete contracts do not provide specific responses for all contingencies but the rules to cope with contingencies. These rules include rules for risk sharing, rules for changes and rules for dispute resolution.
In this study, we analyzed the effects of organizational consideration of long-term business relationship on decision making mechanism during the dispute resolution process. In the fiscal year 2006, Omoto, Kobayashi and Onishi performed the above mentioned analysis based on the study of a game model derived from Rubinstein negotiation model, which is not a model between organizations but between individuals As a result of this study, we found that a disputa does not tend to escalate in the companies which regard a long-term relationship as most important In addition, through questionnaires cent out to large-sized companies, we found that the companies which regard the annual turnover and long-term business relationship as important am well controlling the dispute resolution process. We pointed out that it is very important to resolve a dispute when it is small or even important to prevent a dispute from arising because once a dispute expiates, it will take a long lime and a big cost fig resolving the dispute. In the recent FDIC Conditions of Contract, Dispute Adjudication Board is provided in stead of the Engineer's decision as Alternative Dispute Resolution (ADR). We pointed out that this process can make it possible to nip a dispute in the bud and thus avoid a dispute.
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[Journal Article] Dispute Boards2006
Author(s)
Toshihiko Omoto
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Journal Title
Proc. of the 2nd International Conference on Multi-National Joint Venture Contracting for Construction Works, 2006
Pages: 60-70
Description
「研究成果報告書概要(和文)」より
Peer Reviewed
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[Journal Article] Dispute Boards2006
Author(s)
Omoto, T
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Journal Title
Proc. of the 2nd International Conference on Multi-National Joint Venture Contracting for Construction Works
Pages: 60-70
Description
「研究成果報告書概要(欧文)」より
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[Journal Article] Risk Sharing in Joint Venture2006
Author(s)
Zhang, S., Onishi, M., Kobayashi, K
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Journal Title
Proc. of the 2nd International Conference on Multi-National Joint Venture Contracting for Construction Works
Pages: 175-181
Description
「研究成果報告書概要(欧文)」より
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