Mediation And Arbitration In Fidic Contracts Training Course

Introduction

Empower construction professionals to effectively resolve disputes through mediation and arbitration within the FIDIC contractual framework with our comprehensive Mediation and Arbitration in FIDIC Contracts Training Course. This program equips you with the essential knowledge and skills to navigate these alternative dispute resolution (ADR) processes, minimize the costs and delays associated with litigation, and achieve fair and enforceable outcomes. Mastering mediation and arbitration in FIDIC contracts is increasingly vital for professionals seeking efficient and effective dispute resolution methods in complex construction projects. Our FIDIC dispute resolution training course offers in-depth guidance and actionable strategies for successfully employing mediation and arbitration.

This Mediation and Arbitration in FIDIC Contracts training course delves into key areas such as the legal framework of ADR, the mediation process, arbitration procedures, enforcement of awards, and the advantages and disadvantages of each method. You will gain expertise in drafting effective dispute resolution clauses, selecting the appropriate ADR method, and representing your client's interests in mediation and arbitration proceedings. Whether you are a project manager, contract administrator, or legal advisor, this Mediation and Arbitration in FIDIC Contracts course will provide you with the tools and knowledge to confidently utilize these ADR methods and achieve favorable resolutions.

Target Audience:

• Project Managers
• Contract Administrators
• Engineers
• Legal Advisors
• Employers' Representatives
• Contractors' Representatives
• Arbitrators/Mediators

Course Objectives:

• Understand the legal framework of ADR.
• Master the mediation process in FIDIC disputes.
• Apply arbitration procedures under FIDIC.
• Ensure enforcement of awards in arbitration.
• Draft effective dispute resolution clauses.
• Select the appropriate ADR method.
• Represent clients in mediation and arbitration.
• Understand the advantages of mediation and arbitration.
• Recognize the disadvantages of mediation and arbitration.
• Comply with institutional arbitration rules.
• Manage costs associated with ADR.
• Understand international arbitration practices.
• Develop strategies for successful ADR outcomes.

Duration

5 Days

Course content

Module 1: Legal Framework of ADR

• Understanding the legal framework of ADR.
• Exploring the concept and principles of alternative dispute resolution.
• Examining the role of ADR in FIDIC contracts.
• Understanding international conventions and treaties on arbitration (e.g., the New York Convention).
• Analyzing the enforceability of ADR agreements.

Module 2: Mediation Process in FIDIC Disputes

• Mastering the mediation process in FIDIC disputes.
• Understanding the stages of mediation.
• Selecting a mediator and preparing for mediation.
• Employing effective mediation techniques.
• Drafting settlement agreements.

Module 3: Arbitration Procedures under FIDIC

• Applying arbitration procedures under FIDIC.
• Understanding the rules and procedures of arbitration.
• Initiating arbitration proceedings.
• Selecting arbitrators and constituting an arbitral tribunal.
• Managing the arbitration process, including hearings and evidence.

Module 4: Enforcement of Awards in Arbitration

• Ensuring enforcement of awards in arbitration.
• Understanding the binding nature of arbitral awards.
• Enforcing domestic and international arbitral awards.
• Challenging arbitral awards.
• Understanding the role of courts in arbitration.

Module 5: Drafting Dispute Resolution Clauses

• Drafting effective dispute resolution clauses.
• Understanding the key elements of a dispute resolution clause.
• Incorporating multi-tier dispute resolution processes.
• Tailoring clauses to specific project needs.
• Avoiding common pitfalls in drafting ADR clauses.

Module 6: Selecting the Appropriate ADR Method

• Selecting the appropriate ADR method.
• Comparing mediation, arbitration, and other ADR methods.
• Analyzing the advantages and disadvantages of each method.
• Considering factors such as cost, time, and confidentiality.
• Developing strategies for choosing the best approach.

Module 7: Representing Clients in ADR

• Representing clients in mediation and arbitration.
• Understanding the role of the advocate in ADR proceedings.
• Preparing and presenting cases effectively.
• Employing persuasive negotiation and advocacy skills.
• Understanding ethical considerations in ADR.

Module 8: Advantages and Disadvantages of ADR

• Understanding the advantages of mediation and arbitration.
• Recognizing the disadvantages of mediation and arbitration.
• Weighing the pros and cons of ADR compared to litigation.
• Identifying situations where ADR is most appropriate.
• Assessing the limitations of ADR.

Module 9: Institutional Arbitration Rules

• Complying with institutional arbitration rules.
• Understanding the rules of major arbitral institutions (e.g., ICC, LCIA, SIAC).
• Selecting an appropriate arbitral institution.
• Navigating the procedures of different institutions.
• Understanding the impact of institutional rules on the arbitration process.

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: info@skillsforafrica.org, training@skillsforafrica.org  Tel: +254 702 249 449

Training Venue

The training will be held at our Skills for Africa Training Institute Training Centre. We also offer training for a group at requested location all over the world. The course fee covers the course tuition, training materials, two break refreshments, and buffet lunch.

Visa application, travel expenses, airport transfers, dinners, accommodation, insurance, and other personal expenses are catered by the participant

Certification

Participants will be issued with Skills for Africa Training Institute certificate upon completion of this course.

Airport Pickup and Accommodation

Airport pickup and accommodation is arranged upon request. For booking contact our Training Coordinator through Email: info@skillsforafrica.org, training@skillsforafrica.org  Tel: +254 702 249 449

Terms of Payment: Unless otherwise agreed between the two parties’ payment of the course fee should be done 21 working days before commencement of the training.