Skills Enhancement on Arbitration and Dispute Resolution in the Public Sector

Course Overview:

Arbitration frequently includes a binding agreement and takes place when an arbitrator, usually an attorney, applies the law and facts to a dispute, resulting in an award or decision. Mediation and conflict resolution are two excellent choices for commercial issues between two parties that wish to stay friends and partners and collaborate in the future. Mediators are unbiased third parties, and mediation is not always legally binding. A claim is when you assert your ownership of anything, such as your medical records or the title to your property. When you make a claim or assert anything, you are claiming or asserting that it is true. On their tax returns, people declare dependents and deductions.

Course Objectives:

How to Effectively evaluate and quantify claims
To gain an understanding of the basis of contract claim: time, money, and quality.
Know when the contractor is entitled to Extension of Time (EOT) claims
Deal with variation claims and what to approve and what not to
Understanding the overarching legal and pragmatic goals in managing claims
Gains skill sets to be better prepared to deal with difficult issues.
Knowing different dispute resolution methods to resolve claims disputes.

Course Coverage

Topic 1: Modes of Dispute Resolution:

Expert determination
Mediation
Conciliation
Arbitration
Ad-hoc and institutional arbitration
Venue of arbitration
Enforcement of award
Sovereign immunity and other problems of suing foreign governments
Benefits and challenges of mediation of public disputes over arbitration
Understanding implied waiver of sovereign immunity
Mock arbitration & mediation

Topic 2: Contractual Claims:

Overview of main contractual provisions relevant to claims and counter-claims.
Types of claims, in construction and other areas – and their distinctive features
Causes of typical claims.
Re-measure disputes
Set up project management assessment – PMA.
Counterclaims – how they differ from claims.
Rights of set-off.
Force majeure- when it applies and when not.

Topic 3: Legal Framework for International Arbitration

Arbitration Agreement or Clause
Arbitration Conventions and Investment Treaties
Arbitration Procedural Rules
National Laws
National Courts

Topic 4: Negotiation and Resolution of Contract Disputes:

Contract Negotiation
Dispute Resolution clauses
Unequal bargaining positions
Negotiation, compromise and settlement
Litigation
Arbitration

Topic 5: Contract Documents and Negotiations:

Letters of Intent or Award
Bank and Insurance of Bonds
Letters of Comfort or Awareness
Collateral warranties
Alliance /Partnering Agreements
“Side Letters”
Project Finance arrangements
Negotiating contract qualifications and amendments

Targeted Participants:

All those involved in implementing contracts and handling claims and change orders
Project Managers.
Contract Administrators.
Contract Engineers.
Project Engineers.
Risk manager.
Project Owners/Employers.
Contractors and equipment/material suppliers.