In my role on the “disputes, claims and conflict management” section of the IACCM council, I had the pleasure to organise a webinar regarding innovative ways to resolve smaller disputes. In this post, I will share the first part of messages from the webinar. Jan Bouckaert, AfiTaC and dispute adjudicator […]
In the arbitration clause of a contract, the contracting parties can choose whether the arbitral tribunal shall rule strictly as per the law or as “amiable compositeur”. This article analyses the advantages and disadvantages of the chosen option.
Arbitration is becoming more efficient and transparent and less expensive thanks to recent revisions to the ICC Rules of Arbitration. The ICC Court has introduced rules for expedited arbitration procedures for small claims. Read the article for more information.
The ICC Rules of Arbitration are the most widely-used institutional arbitral rules in the world, especially in relation to international construction and energy disputes. The 2012 Rules explicitly require both the arbitrators and the parties to “make every effort to conduct the arbitration in an expeditious and cost-effective manner”. Entirely new provisions relate to the emergency arbitrators, case management, and multi-party arbitrations.
Introduction At end of March 2020, we launched a FIDIC survey through AfiTaC’s website and LinkedIn and want to share the results with you. This was in the framework of Hemant Sharma’s MBA thesis at one of the world’s top 100 business schools, GEM – Grenoble Ecole de Management. The […]
This article about mediation in the Construction Industry (applied also to the Middle East) has been kindly made available by Rafat Isweilih to the readers of this blog. Rafat Isweilih BSc. CE, MCIArb, RICS Accredited Mediator, Commercial & Contracts Manager Introduction Whilst the construction industry worldwide is plagued by disputes, construction […]
Another important lessons in our popular series “Contract Management & Music” is about notification in contracts. Read, listen and reflect with the music of Lilly Wood & The Prick below: When is the right time for notification in contracts? Yeah, you never said a word You didn’t send me no […]
For whom The sales team, working in an international context Project managers The commercial and operational management Issue at stake Acquire the fundamentals of international contracts Obtain true contract awareness thanks to this training Prerequisites This training does not require any prerequisites. Nevertheless, some commercial (national or international) or project […]
On the 26th of November, the alumni of the International Construction Contracts Post Graduate from Paris II Panthéon-Assas University organized an event around FIDIC contracts in Paris attracting a full meeting room. You can see the speaker list by clicking here. I would like to share the content of this […]
Sub-Clause 3.7 of the FIDIC Red and Yellow Books covers the vital role of the Engineer to determine an open issue (disputed claim). This, in case the Parties are not able to agree. The Silver Book has the same clause. But, as the latter doesn’t have the role of “Engineer”, […]