Adjudication (building law)
Under adjudication would explain why the German model of Adjudication -Verfahrens that within the construction law was discussed to avoid lengthy construction process. In an international context, this procedure has established itself as the Dispute Adjudication Board . In 2010, Working Group VII of the German Construction Court Conference formulated V. Recommendations for a legal adjudication procedure which, at the request of a party, should at any time lead to an extrajudicial decision that is quick but can be reviewed by a court. The plan to regulate adjudication by law was terminated at the end of 2011 a. a. because of constitutional concerns regarding a conceivable violation of the right to the legal judge according to Art. 101 GG .
In 2013, the former President of the Federal Constitutional Court, Hans-Jürgen Papier , prepared a 61-page legal opinion according to which adjudication can be introduced in a constitutionally unobjectionable manner. With the adjudication order for construction disputes (AO-Bau / Alpha), a contractual sample form has been available for a long time and is increasingly used. For many years, Claus Jürgen Diederichs has been striving to strengthen out-of-court dispute resolution in Germany. a. the adjudication. On December 19, 2013, on his initiative, the DGA-Bau German Society for Extrajudicial Dispute Resolution in the Construction Industry was founded.
Web links
Individual evidence
- ↑ http://www.disputeboards.de
- ↑ http://www.baugerichtstag.de/index.php?pageid=16
- ↑ Art. 101
- ↑ Attorney's Darlings , Zeit Online , November 27, 2011, accessed August 27, 2012.
- ↑ http://www.AO-Bau.com
- ↑ http://www.dga-bau.de/