international federation of consulting engineers yukinobu hayashi association of japanese consulting...
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International Federation of Consulting Engineers
Yukinobu Hayashi
Association of Japanese Consulting Engineers (AJCE)Nippon Koei Co., Ltd
FIDIC MDB Harmonised Construction Contract Conference
Creation of National List of Japanese Adjudicators
June 2012
Yukinobu HayashiAssociation of Japanese Consulting Engineers (AJCE)
Adjudicator Committee
FIDIC MDB Harmonised Construction Contract Conference
Presentation Topics
Background
Preparation
Realization
Background1. Increasing Demand of Adjudicators MDBs started to use FIDIC MDB Harmonized edition in 2005.
JICA adopted MDB Harmonized edition for Works contract in 2009.
JICA’s other Standard Bidding Documents including Plant works and Small Works also use Dispute Board/adjudicator since 2010.
Trend to move from ad-hoc DB to standing DB in design build contract?
FIDIC MDB Harmonised Construction Contract Conference
Background
FIDIC MDB Harmonised Construction Contract Conference
JICA Standard Bidding Documents and Dispute Board
JICA SBD Version(year)
Conditions of Contract
Dispute Resolution(First Step)
1 Works 1.1 (2009)FIDIC MDB
harmonized edition
StandingDispute Board
2 Plant Design, Supply and Installation
1.0(2010) ENAA form Standing
Dispute Board
3 Small Works 1.0(2010) MDB original Adjudicator
Background
FIDIC MDB Harmonised Construction Contract Conference
2. Insufficient numbers of adjudicator to cope with increasing demand
FIDIC President’s List- 47 adjudicators- only one Asian adjudicator (Prof. Toshihiko Omoto)- assessment at about 3 years interval
FIDIC encourages its Member Associations (MAs) to establish their own National Lists*.
• Note : List of Adjudicators established by each FIDIC MA is called National List.
Preparation
FIDIC MDB Harmonised Construction Contract Conference
1. Good Practice Survey Visit to MAs in Germany (VBI), Poland (SIDir) and
Romania (ARIC)
VBI National List• well prepared training program and assessment process• 3-days assessment held annually since 2007• 9 listees at present
Preparation
FIDIC MDB Harmonised Construction Contract Conference
2. Development of JICA Dispute Board Training Kit
training kit for candidate of adjudicator
designed for 5-days training workshop
covers FIDIC Module 3/3A
trainer’s version and trainee’s version
about 300 pages comprehensive training material
Preparation
FIDIC MDB Harmonised Construction Contract Conference
3. Internal Arrangement of AJCE Establishment of adjudicator committee
Preparation of internal procedural rules
1) Adjudicator Examination and Screening Procedural Rules
2) AJCE Adjudicator Registration Rules
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
1. Overall Procedure
FIDIC Module 1 and 2
Adjudicator Training Workshop (ATW)
Adjudicator Assessment Workshop (AAW)
Registration
Examination of QualificationApplication
Establishment of AJCE National List May/2011
Dec/2010
Dec/2010
Sep/2010
Oct/2010
Nov/2010
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
Program Duration Trainer/Assessor
1 Module 1 and 2 5 days Mr. James PerryMr. Geoff Smith
2 Training Workshop 4 daysMr. Gordon JaynesMr. Richard AppuhnProf. Toshihiko Omoto
3 Assessment Workshop 3 daysMr. Volker JurowichDr. Götz-Sebastian HökProf. Toshihiko Omoto
2. Trainers/Assessors
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
3. FIDIC Module 1 and 2
Day 1 FIDIC Contract Documents: Introduction and Principle
Day 2
Day 3
Day 4
Day 5
Responsibilities of the Main PartiesThe Management of Projects
Module 1: Practical Use of the FIDIC Contracts
FIDIC Contract Documents and Dispute Resolution
InroductionManaging Variations
Module 2: Management of Claims and Resolution of Disputes
Fiancial Clauses and ProceduresRisk, Force Majeur and TerminationFIDIC Contract Documents and J ICA ODA Loan Projects
Claims for Additional PaymentEmployer's Financial Claims
The Management of Claims Notice and Claims Procedures Contractor's Claims Sub-clause 20.1 Claims for Delay
The Resolution of DisputesArbitration Claims
The Resolution of DisputesDispute adjudication Boards (DABs)The J ICA Alternative Particular ConditionsWorkshop Exercise
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
4. Qualification for Assessment1) Possess appropriate qualification :Professional Engineer, First-class architect, First-Class engineer on construction management, Attorney or other appropriate professional qualifications.(in-house law expert having sufficient experience in FIDIC contract is qualified
as well)
2) Possess 10 or more years of working experience in consulting engineering industry or construction industry. However, this shall not apply to an attorney.
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
3) Possess all of the experience as specified below:(1)International construction works : work experience,
consulting services, construction supervision or advice (any one of them is sufficient)
(2) FIDIC Contract Documents
(3) Dispute resolution
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
4) Fluent in English and able to compose concise sentences
5) To have complete FIDIC contractual training programs: FIDIC Modules 1 and 2
6) To have completed FIDIC Adjudicator Training workshop: FIDIC Module 3/3A
7) To have an intention to register on AJCE List
8) To be listed on AJCE List and have an intention to accept upon appointment
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
5. Adjudicator Training Workshop (ATW)
AM Introduction of Trainers/TraineesIntroduction to Dispute Board
Setting up a DBDB CostsPrepare a draft CV（Evening Homework）Operation of Dispute Board (1)Operation of Dispute Board (2)Operation of Dispute Board (3)Preparation for Mock Hearing（Evening Homework）
AM Operation of Dispute Board (4)Operation of Dispute Board (5)After the DecisionPreparation for Drafting of mock decision（Evening Homework）
AM Review and discussions of draft “Decisions”PM Review and discussions of draft “Decisions”
Day 1
Day 2
Day 3
Day 4
PM
AM
PM
PM
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
6. Adjudicator Assessment Workshop (AAW)I ntroduction of the Assessment Panel andAssessersDAB organisation
Multiple Choice Test
Case Studies
Collection of Case Study
Multiple Choice Test Review
Procedural Rules: Q & A
Case Study
Case Study
Collection of Case Study
Oral examinations
PM Individual interviews
Day 1
Day 2
Day 3
AM
PM
AM
PM
AM
Realization Process
FIDIC MDB Harmonised Construction Contract Conference
7. Registration (after passing AAW) Observation of AJCE’s Code of Ethic required
Validity of the certificate : 3 years Re-registration: at every 3 years Record of the following career development is required for
re-registration• adjudicator activities/ practice• participate in training program on Adjudicator• experience in FIDIC contract practice• publication, presentation, articles in related subject• others
Realization
FIDIC MDB Harmonised Construction Contract Conference
Open to the public inMay 2011
7 adjudicators listed
National Lists in the World
FIDIC MDB Harmonised Construction Contract Conference
Germany (VBI) List
Hungary (AHCEA) List
Philippines(CECOPHIL) in formation Contact
Poland (SIDR) List
Romania (ARIC): Contact Bogdan Oprea
South Africa (SCAACE) List Course
UK (ACE) in formation Course
Japan (AJCE) List
PhotographsFIDIC MDB Harmonised Construction Contract Conference
PhotographsFIDIC MDB Harmonised Construction Contract Conference
International Federation of Consulting Engineers
President Geoff French, UK
Vice-President Pablo Bueno, Spain
Secretariat FIDICWorld Trade Center 2Geneva AirportBox 311 CH-1215 Geneva 15 Switzerland Tel: +41 22 799 49 00Fax: +41 22 799 49 01
[email protected] www.fidic.org
Managing Director Enrico Vink