pictureThe World Bank and all other multilateral development banks now require the use of Dispute Boards in all infrastructure projects they finance. The reason being that the use of Dispute Boards prevents almost 99% of all project disputes from escalating into time consuming and costly litigation. Training in the proper implementation and use of Dispute Boards as well as selection and training of potential Dispute Board Members is critical to the effective use of these boards and the economy they provide.

The Dispute Board Federation (Geneva) has realised that a specialised intensive training programme is needed and from that realisation this course has been created. The Intensive Dispute Board Training Course takes participants, in an organized and structured way, through the leading methods of dispute resolution and prevention using Dispute Boards. This course covers the contents of the FIDIC Contracts Training Manual dealing with dispute boards as well as the rules of the international Chamber of Commerce and the Dispute Board Federation (Geneva) Dispute Board Rules and Procedures. Participation is limited to 30 individuals with trainers providing detailed explanation, course notes, and case studies and leading in-depth discussions, almost at an individual level. Additionally each participant is given the opportunity of preparing a Dispute Board Decision for review and comment by the trainers. Each participant who successfully completes this portion of the training is eligible for 16 credit hours by the Dispute Board Federation for its Professional Dispute Board Member Designation, and an additional 16 hours of CPD credit as authorised by both the Law Society and the Bar Council of England & Wales.

Other DBF Programmes and Courses

This Intensive DAB Training Course is to be distinguished from other DBF training events that also cover the use of dispute boards. Other Dispute Board Federation events such as the Dispute Board Practical Training Programme are courses where participants are involved in learning the basic framework of dispute boards in a global training programme, and workshops that involve less structured presentations and discussions. For those that already have a good understanding of the Dispute Board Process this Intensive Course offers a form of “master class” which gives the participant in-depth practical knowledge and problem solving scenarios from the current leaders in the dispute board field.

The trainers in this Intensive Training Course are the leading experts in this field and their goal is to explain and illustrate the use and management, in a dispute board setting, of all aspects of the FIDIC Conditions of Contract for Construction and the FIDIC Conditions of Contract for Plant and Design-Build, the FIDIC Short Form of Contract. Additionally the FIDIC Conditions of Contract for EPC/Turnkey Contracts are also covered in detail, using the Construction and Plant Contracts as the basis. Also covered is the new FIDIC DBO Contract. Further participants gain familiarity with the ICC and DBF Dispute Board rules and procedures.

This Intensive Training Course is designed to help already knowledgeable participants gain the necessary confidence in working with the common dispute board documents and working on dispute boards in real world settings, and are applicable whether the participant’s background is as a government official, employer, contractor, engineer, or in representing employers, consultants or contractors.

FIDIC Conditions of Contract

FIDIC Conditions of Contract are used by the international construction industry throughout the world. In Europe, the European Commission for many projects throughout central and Eastern Europe use them. The Multilateral Development Banks (MDB), including the World Bank, the IFC, the Inter-American Development Bank, the Asian Development Bank and the African Development, have adopted the FIDIC MDB Harmonized Edition of the Conditions of Contract for Construction , and the use of these forms of contracts along with the use of dispute boards continues to grow.

TRAINERS

The course tutors are provided by specialist provider DBTraining, which is affiliated with DBF and specialises in Dispute Board training, dispute management and consultancy to the international construction and infrastructure industries. For this programme the tutors panel will be Dr Cyril Chern, Dr. Götz-Sebastian Hök, John Papworth and Peer Dalland.

Dr. CYRIL CHERN

Dr Cyril ChernBArch (Hons), Juris Doctor, RIBA, AIA, FCIArb, FDBF, Barrister

Dr Chern is the author of the two leading texts in the construction ADR field notably “Chern on Dispute Boards” published by Wiley-Blackwell Publishing, London[2007} and “International Commercial Mediation” published by Informa plc,London [2008]. In addition to his texts on ADR he is also a Barrister, Chartered Architect, and Fellow of the Chartered Institute of Arbitrators, and a Chartered Arbitrator, Accredited Mediator and Adjudicator. He holds the degrees of BArch (Honours) in Architecture & Engineering and Juris Doctor. Further he is a member of the FIDIC President’s List and a member of the FIDIC President’s List Assessment Panel, the Dispute Board Federation (Geneva) Advisory Panel, the Association Suisse deL’arbitrage, the Society of Construction Arbitrators, and the Association of Consulting Engineers. Dr Chern has practised internationally since1972 specifically in the areas of engineering and construction disputes, has handled complex international commercial and construction matters in North and South America, Europe, the Middle East, and China and has had over 550 engineering construction dispute references and has served on over 62 dispute boards in that time.

JOHN PAPWORTH

John PapworthFRICS, FCIArb, FACostE, FCInstCES, FDBF, Companion of the ICE

John Papworth has over 40 years’ experience in engineering and construction. He is a sole practitioner in international dispute resolution. He is on the FIDIC President’s List of Dispute Adjudicators, as well as that of the ICE and the ACE. He is also a Chartered Arbitrator.

John is a practising Dispute Board Member and has acted in that capacity for disputes in the Middle East and Europe. He has represented parties to the Dispute Board process in East Africa. He has also acted as Adjudicator in the UK.

John has worked in East and West Africa, South-East Asia, India, the Middle East and the Caribbean. The projects he has worked on include oil and gas, power stations, highways, water and sewerage schemes, pipelines, industrial buildings, hospitals, office blocks, banks and residential schemes.

SEBASTIAN HOEK

Sebastian HoekFDBF, Lawyer

Dr. Götz-Sebastian Hök graduated in Law from Göttingen University and is a German lawyer registered at the Berlin Bar. He has extensive international project and commercial experience gained while living and working in Europe, the Middle East, Africa and Asia. For the past 20 years he has been partner and senior partner of Dr. Hök, Stieglmeier & Kollegen. Dr. Hök is acting as arbitrator, adjudicator and legal counsel and also a licensed FIDIC trainer.

He is a lecturer at Berlin University of applied science for construction contract management law. Since 2009 he is a FIDIC listed Adjudicator. He was member of DAB and arbitral panels in Bosnia, Germany, Latvia and Poland. Dr. Hök has written various books and articles in French, English and German on FIDIC forms of contract. He is a co-author of the book FIDIC for Practitioners and member of the German Dispute Adjudication Assessment Panel and former past Chairman of Eurojuris Commission International Litigation.

He was also a friendly reviewer of the FIDIC Gold Book and the FIDIC Subcontract form. Dr. Hök has broad forensic experience as a counsel. He was involved in projects in Algeria, Angola, Australia, Azerbaidjan, Belgium, Bosnia, Cameroon, Chile, England, France, Germany, Ghana, Laos, Latvia, Qatar, Poland, Romania, South Africa, Syria, Turkey, United Arab Emirates and Vietnam. Sebastian is on the FIDIC Presidents List of Approved Dispute Adjudicators and is a Fellow of the Dispute Board Federation.

PEER DALLAND

Peter DallandBSCTech CivEng, FIEAust, CPEng, MACEA, MIAMA, FDBF

Peer Dalland is a Chartered Civil and Structural Engineer and has over 45 years experience in Design, Construction, Supervision and Project Management of a wide variety of Civil, Engineering Projects. He is a Fellow of The Institution of Engineers, Australia, Member Association Consulting Engineers Australia, on the FIDIC Presidents List of Dispute Adjudicators, Member Institute of Arbitrators and Mediators Australia, Fellow of the Dispute Board Federation (Geneva) - Approved DBF Adjudicator, and a Member of Master Builders NSW. Additionally he has been actively involved for many years with the Institution of Engineers, Australia, Sydney Division, was its Chairman, Civil Engineering Panel, 1992, Chairman, Engineering Practice Sydney Division Committee 1993, 1994 and 1995

Has worked on projects in England, Norway, Australia, Eritrea, Sri Lanka, India, South Africa and Papua New Guinea including projects dealing with Roads and Motorways - Bridges - Bridge “Slides” - Major Earthworks (UK, Norway and Australia); Harbours and Rivers - Breakwater Construction - Dredging Operations - Wharfs - Quarry operations (Australia); Oil refineries and Petrochemical plants - Coal Fired Power Stations (UK, Australia and South Africa); Water Supply and Sewerage - Sewage Treatment Plants - Water and Sewer Reticulation - Pumping Stations Reservoirs - Earth and Concrete Dams – Fuse-plug spillways and dam assessments - Tunnelling (UK, Norway and Australia).

Course materials

Participants will be provided the following materials, in English:

  • Necessary excerpts of the FIDIC Construction Contract and the FIDIC Plant and Design-Build Contract as well as DBF forms
  • Course overheads
  • Work exercises
  • Notes on the Multilateral Development Bank Harmonised Edition of the FIDIC Construction Contract

Who should attend

The training course provides the necessary knowledge for professionals from government ministries and agencies, contract and procurement officers, private sector employers, consulting engineers, contractors, quantity surveyors, architects, legal advisers and all involved with the implementation and management of works contracts. These intensive courses are particularly important for those involved in preparing or managing infrastructure projects financed under funds provided by MDBs, bilateral development agencies and other such funds.

Attendance Fees

The participant fee of GBP £1,900 includes lunches, refreshments and all course materials. There is a reduction of GBP £100 for more than one participant from an organization.

Course venues

The DAB Intensive Training Programme is being held this year on February 20th 2012 in Luxembourg. The location will be in a five-star hotel that has extensive, high-quality accommodations and facilities.

Course Programme

Topics covered in these two-day sessions include:

  • Adjudication Principles
  • What is a dispute?
  • Background of dispute resolution
  • Alternative methods of dispute Resolution
  • Application in Europe, Asia, the Americas
  • Dispute adjudication under FIDIC Contracts
  • Dispute adjudication under ICC Rules
  • Dispute adjudication under DBF Rules
  • Legal status of adjudicator and DAB’s
  • DAB Establishment and responsibilities
  • Selection process and appointments
  • Contract Agreement
  • Full Term and Ad Hoc responsibilities
  • Fees, expenses and payment terms
  • Termination and replacement of a Dispute Adjudication Board
  • Procedural Rules
  • Routine Procedures
  • Full-term site visits
  • Opinion and advice
  • Dispute referral
  • Jurisdiction
  • Site Visits and Reports
  • Dispute timetable and position papers
  • Establish timetable; Nature of Position Papers
     
  • Responses; DAB directions; Evidence statements
  • Hearings
  • Pre-hearing requirements
  • Attendees
  • Agenda and procedures
  • Evidence
  • Conclusion of hearing
  • After the hearing
  • Dispute decision
  • Reaching the decision
  • Three-Person DAB discussion
  • Format of decision
  • Unanimity
  • Enforcement of decisions

Terms and Conditions

Registration: Participants may register offline using this REGISTRATION FORM returned by fax or mail to the Dispute Board Federation, with payment by bank transfer or credit card, click HERE for credit card payments.

Payment receipts: All registered participants will receive an acknowledgement of registration, together with confirmation of payment.

Cancellation: Cancellations by participants must be made in writing and received one month before the course. It is regretted that no refunds will be made or invoices cancelled after this date and the full registration fee will be payable. Substitutions may be made at any time.

Cancellation by organisers: The organizers reserve the right to cancel a course if it is under subscribed or for any other reason. In the event of cancellation, the organizers will endeavour to give delegates two weeks notice and the fee will be refunded in full. The organizers cannot be held liable for any pre booked travel or accommodation costs however.

Hotel accommodation: Participants will be responsible for organising their own hotel accommodation and payment thereof.

Intensive Dispute Board Training Programmes

About DBF

The Dispute Board Federation (Geneva) was founded to promote the use of ADR and Dispute Boards, as a means of dispute avoidance on large infrastructure projects in developing countries. It has expanded over the past few years to encompass dispute boards in manufacturing, concessions, hospital, and industry development sectors. The Federation provides advice and assistance in the development of infrastructure projects, trains and accredits dispute board members, produces standard forms for use in dispute avoidance on projects, acts as an appointing body for dispute board members, and provides training and assistance in other areas of effective dispute resolution through mediation and arbitration. The DBF currently provides assistance in over 23 countries worldwide.

The Dispute Board Federation

The Dispute Board Federation (DBF)
14, rue du Rhone
1204 Geneva
Switzerland

Telephone: +41 22 819 19 68
Fax: +41 44 732 69 95
Email: info@dbfederation.org