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 […]
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When heading for trouble (i.e. Dispute Resolution proceedings), in this blog you will find some important things to know about alternative dispute resolution (mediation, dispute boards, adjudication, arbitration etc.): About AfiTaC AfiTaC.com is the blog on commercial and contractual subjects for the Project Businesses (Construction, Infrastructure, Oil & Gas, Power & Renewable, Water Supply […]
I was speaking with Howard Carsman who is the Global Construction Claims Manager at Intel Corporation on the innovative ways that Intel is using to avoid conflict on its construction projects.
The usual processes for dispute resolution are either fast (negotiated solutions, mediation, etc.) or binding (court proceedings and arbitration). Statutory adjudication and dispute boards are only available in particular circumstances. Can we bridge the gap and achieve fast & binding dispute resolution?
This post contains an interesting reflection on (i) whether it is enough for a mediator to be trained in the skills and techniques of mediation and then mediate any type of dispute or (ii) whether possession of subject matter expertise is of benefit to the parties. The author of the article, Martin Burns, clearly prefers the second option. We let you read this post and make or confirm your own opinion; you can even provide it as commentary below this post.
A dispute adjudication board (DAB) aims to stop disputes over FIDIC contracts ending up in commercial arbitration. This post gives further information about the members of a DAB, their expected behaviour and their decision.
Hoping for successful projects is a bit foreseeable? But let’s explore a bit. How will we get there? Peaceful and successful projects? First of all, what would be needed for a project to be peaceful and successful? Apart from the first and the last point, there are a lot of […]
AfiTaC experts create synergies between project controls and contract management services “Afitac provides contract management services to clients in the project businesses. We work for Project Owners, Contractors and Engineers/Contract Administrators. Therefore, we strive to keep a balanced approach between the parties and to avoid disputes thanks to transparency, open […]
The World Bank and other Multilateral Development Banks want dispute boards on the projects they finance. This is because they are aware of their value for dispute avoidance and early dispute resolution. Internationally, the most-used standard forms of contract for infrastructure, construction, power projects etc. are FIDIC contracts. FIDIC’s latest editions of the Rainbow […]