Arbitration

Arbitration

Introduction and Course Overview

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of
disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes
are resolved on the basis of material facts, documents and relevant principles of law.

Arbitration has become recognized as the dispute settlement mechanism in the construction industry. It
is seen as the final mode of dispute resolution which is beyond the usual attractions of arbitration, such
as privacy, speed, flexibility and choice of the arbitrator.

Effective dispute resolution helps minimize the costs and adverse effects to relationships that often arise
from the commercial disputes
In the construction industry, arbitration is the norm because firstly, the prevalence of arbitration clauses
in standard forms of contract; secondly, the technical content of disputes, leading to the use of
arbitrators skilled in technical disciplines; and finally the need in many disputes for the arbitrator be
empowered to open up, review and revise decisions or certificates, arising from the architect’s or
engineer’s judgment in administering the building contract.

On this course, Participants will gain an understanding of the main differences between the various
dispute resolution techniques with a particular focus on arbitration, in order to reduce the likelihood of
disputes leading to court cases.

Course Objectives

• Be able to select the appropriate contract form
• Understand the roles and obligations of the contractual parties
• Be able to administer contractual issues related to plant, material and workmanship;
commencement, delays, and suspension; tests on completion; employer’s taking over; and
defects liability
• The causes of claims and disputes
• Learn how to improve contracts management leading to fewer disputes and more rapid
resolution of those that do arise Negotiation skills, which will be useful tools in all types of
negotiating ,Some of the available methods of resolving disputes, beyond courts and arbitration
• The management of the dispute resolution processes
• Describe the kinds and the need for alternative methods for resolution of disputes;
• Define arbitration and its procedures.
• Learn how to employ arbitration knowledge to negotiate terms
• Recognize issues and problems in the various stages of arbitration and alternative dispute
resolution;
• Summarize the various methods available for the effective and efficient resolution of disputes.


Target Groups:

This course is suitable for professionals within all industries specially construction who are involved in
contract management and resolving disputes including, but not limited to:
• Project managers
• Engineers for governmental entities and Ministries.
• Architects & Construction Managers
• Contract Managers
• Procurement Managers
• Supply chain Managers
• Contractors
• Engineering Consultants
• Developers and
• Engineers.


Course Materials and Certification

All delegates will be provided the following materials:
 Schedule of overheads
 Participants will receive a course completion certificate


Duration and Schedule of the Course:
 Duration of the course: 3 working days from 9 AM- 3 PM , schedule is as follows:
 Technical Session: 9:00:-10.30 am
 Coffee Break: 10.30-10.45 am
 Technical Session: 10.45-12.45noon
 prayer: 12.45-1:00 pm
 Technical Session 1:00-3:00 pm


Course outline and description

DAY 1: Contracts
• Introduction to FIDIC Latest Edition Conditions of Contract -Selection of the Appropriate FormGeneral Provisions-The Employer-The Engineer-The Contractor-Nominated Subcontractors -Staff
and Labor-Plant-Material-Workmanship-Commencement- Defects Liability- Measurement and
Evaluation- Variation and Adjustments- Suspension and Termination-Risks and
Responsibilities……………..etc

Day two: Contracts, Claims and Counter Claims
Claims for Unforeseen Conditions at the Start of the Job – Contractor’s Obligation to Investigate, the
Site, Employer’s Obligation to Give Information about the Site, Unforeseen Behaviors or Conditions;
Claims for Variations – Variation Order Cost Estimates, Job Factors Affecting Productivity, Evaluation of
Claims Related to Project Scheduling, Concurrent Delays, Acceleration/Job Compression, , Claims for
Delay; , Claims for Disruption, Relationship Between Loss and Expense and Extensions of Time..

Day 3: Arbitration
• History of arbitration
• Arbitration in the context of other methods of dispute resolution.
• Negotiation, Mediation and arbitration as ADR
• Ad-hoc arbitration vs institutional arbitration
• The Arbitration Act
• arbitration procedures
• The jurisdiction, powers duties of the arbitrator
• The powers and duties of the parties
• Arbitration agreements
• The role of arbitral institutions, arbitration rules and administered schemes
• Commencement of arbitration.


TRAINING METHODOLOGY

This training course will involve a high level of interaction and delegate participation. The intention is
that the trainer will explain issues using real examples, many from the trainer’s personal experience.
Delegates are encouraged to bring real problem examples with them to share their experience of
particular issues in their Ministry and projects. Time will be allowed for general discussions and for oneto-one discussion with the trainer.