Perspective of construction players toward expert determination as an alternative dispute resolution in Malaysia

Disputes are inevitable elements in the construction industry that must be solved within a reasonable time. It needs dispute resolution methods to solve the disputes that arose. Alternative dispute resolution is a range of contractual dispute resolution methods for the parties to reach a negotiated settlement. ADR has also been used as an option in the Malaysian construction industry to resolve disputes as it is considered to be more private and to save costs. Dispute resolution methods are divided into two, which is traditional resolution method and alternative dispute resolution. Expert Determination is one of the alternative dispute resolutions and it is already known in Malaysia. Although it has been proven that litigation and arbitration are time-consuming and costly, but the parties still preferred to choose the traditional resolution method to compare to ADR due to the provisions provided in all standard forms of contract. Malaysian Institute of Architects introduced ED as ADR into the latest form, PAM Contract 2018 on 11 April 2018. This new provision has yet to be tested for its effectiveness in the settlement of disputes. The construction players may have their perception of the enforcement of Expert Determination in Malaysia. This study aims to identify the perception of construction players toward Expert Determination as an Alternative Dispute Resolution.