Transcript Session 5 AJCE National List_hayashi

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 Hayashi
Association of Japanese Consulting Engineers (AJCE)
Adjudicator Committee
FIDIC MDB Harmonised Construction Contract Conference
Presentation Topics
 Background
 Preparation
 Realization
FIDIC MDB Harmonised Construction Contract Conference
Background
1. 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
JICA Standard Bidding Documents and Dispute Board
JICA SBD
Version
(year)
Conditions of
Contract
Dispute
Resolution
(First Step)
1.1 (2009)
FIDIC MDB
harmonized
edition
Standing
Dispute Board
1
Works
2
Plant Design, Supply and
Installation
1.0
(2010)
ENAA form
Standing
Dispute Board
3
Small Works
1.0
(2010)
MDB original
Adjudicator
FIDIC MDB Harmonised Construction Contract Conference
Background
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.
FIDIC MDB Harmonised Construction Contract Conference
Preparation
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
FIDIC MDB Harmonised Construction Contract Conference
Preparation
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
FIDIC MDB Harmonised Construction Contract Conference
Preparation
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
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
1. Overall Procedure
Application
Oct/2010
Examination of Qualification
Sep/2010
FIDIC Module 1 and 2
Nov/2010
Adjudicator Training Workshop (ATW)
Adjudicator Assessment Workshop (AAW)
Dec/2010
Dec/2010
Registration
Establishment of AJCE National List
May/2011
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
2. Trainers/Assessors
Program
1
2
3
Module 1 and 2
Training Workshop
Assessment Workshop
Duration
Trainer/Assessor
5 days
Mr. James Perry
Mr. Geoff Smith
4 days
Mr. Gordon Jaynes
Mr. Richard Appuhn
Prof. Toshihiko Omoto
3 days
Mr. Volker Jurowich
Dr. Götz-Sebastian Hök
Prof. Toshihiko Omoto
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
3. FIDIC Module 1 and 2
Module 1: Practical Use of the FIDIC Contracts
Day 1 FIDIC Contract Documents: Introduction and Principle
Responsibilities of the Main Parties
Day 2 The Management of Projects
Fiancial Clauses and Procedures
Risk, Force Majeur and Termination
Day 3 FIDIC Contract Documents and JICA ODA Loan Projects
FIDIC Contract Documents and Dispute Resolution
Module 2: Management of Claims and Resolution of Disputes
Inroduction
Managing Variations
Day 4 The Management of Claims
Notice and Claims Procedures
Contractor's Claims Sub-clause 20.1
Claims for Delay
Claims for Additional Payment
Employer's Financial Claims
Day 5 The Resolution of Disputes
Dispute adjudication Boards (DABs)
The JICA Alternative Particular Conditions
Workshop Exercise
The Resolution of Disputes
Arbitration Claims
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
4. Qualification for Assessment
1) 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.
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
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
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
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
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
5. Adjudicator Training Workshop (ATW)
AM Introduction of Trainers/Trainees
Introduction to Dispute Board
Day 1
Day 2
Day 3
Day 4
Setting up a DB
PM DB Costs
Prepare a draft CV
（Evening Homework）
Operation of Dispute Board (1)
AM
Operation of Dispute Board (2)
Operation of Dispute Board (3)
PM Preparation for Mock Hearing
（Evening Homework）
AM Operation of Dispute Board (4)
Operation of Dispute Board (5)
After the Decision
PM
Preparation for Drafting of mock decision
（Evening Homework）
AM Review and discussions of draft “Decisions”
PM Review and discussions of draft “Decisions”
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
6. Adjudicator Assessment Workshop (AAW)
Day 1
Introduction of the Assessment Panel and
AM Assessers
DAB organisation
PM
Multiple Choice Test
Case Studies
Collection of Case Study
Day 2
AM Multiple Choice Test Review
Procedural Rules: Q & A
PM
Day 3
AM
Case Study
Case Study
Collection of Case Study
Oral examinations
PM Individual interviews
FIDIC MDB Harmonised Construction Contract Conference
Realization Process
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
FIDIC MDB Harmonised Construction Contract Conference
Realization
Open to the public in
May 2011
7 adjudicators listed
FIDIC MDB Harmonised Construction Contract Conference
National Lists in the World

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
FIDIC MDB Harmonised Construction Contract Conference
Photographs
FIDIC MDB Harmonised Construction Contract Conference
Photographs
International Federation of Consulting Engineers
President
Geoff French, UK
Vice-President
Pablo Bueno, Spain
Secretariat
FIDIC
World Trade Center 2
Geneva Airport
Box 311
CH-1215 Geneva 15
Switzerland
Tel: +41 22 799 49 00
Fax: +41 22 799 49 01
[email protected]
www.fidic.org
Managing Director Enrico Vink