- What is the Dispute adjudication board - elements, short history, pros and cons for employer and for the contractor, different approaches (FIDIC and others)?
- How is the Dispute adjudication board works based on the examples (positive and negative examples), the process, step by step in general and general mistakes based on the examples?
- Execution of the Dispute adjudication board rulings - locally and internationally based on the examples.
- Who can be the member of the Dispute adjudication board?
On April 25, 2018 these and other questions were discussed at the Networking event Dispute Adjudication Board In Construction (DAB) which was carried out by the Artyushenko & Partners law firm together with the non-profit organization DRBF (Dispute Resolution Board Foundation).
Speakers and moderators of the event:
- Adriana Spasova [1], member of the Board Region 2 (including Kazakhstan) DRBF, accredited trainer FIDIC, construction engineer with more than 30 years ' experience shared with us about the international practice of conflicts resolution in construction, that allow parties to avoid significant financial damage;
- David Carmichael [2], an engineer with over 40 years of experience in construction, a representative of the company Todini. He is a permanent member of DRBF and has already participated in more than 15 DAB on the territory of the Republic of Kazakhstan;
- Stephanie Balsys [3], associate, Withers law firm, came to networking from London, shared her international experience;
- Ardak Idayatova, a lawyer of a large local law firm, made a presentation and spoke about the work and practice of the DAB in Kazakhstan, taking into account the peculiarities of our local legislation;
- Andrey Artyushenko [4], moderator of the networking, Artyushenko & Partners Law firms Managing Partner, experience with FIDIC contracts in Kazakhstan more than 10 years, legal experience more than 18 years.
The participants of the networking were the representatives of the Roads Committee, as well as lawyers, engineers, project managers of companies such as Kazakhdorstroy, Karabatan Utility Solutions, Kazakhsmys, Capital Partners, Zhol Sapa, Siemens, HILL International, Mechstroyservice, Bereke KAB, Kazavtozhol, Temirzhol Zhondeu, AB "Stepanovski, Papakul and partners" (Belarus) and others.
During the networking sessions participants actively discussed the work of the Dispute Adjudication Board, taking into account the local mentality and the requirements of our legislation in Kazakhstan, asked many questions to speakers, some of them are remained open and we will take them into account during the organization of the following events.
But most importantly, the training DAB mock process was conducted, in order to show the audience how the DAB works in life. The case was significantly simplified, because its main purpose was to imitate the principles of work close to reality.
After mock DAB and session with questions and answers branch with local wine followed for networking and closing this interesting event.
Photo report of the event is available on our corporate Facebook page here [5].
The full video recording of the training DAB process in Russian language after clicking this button:
Presentation from this Networking are available online (Slideshare):
- Adriana Spassova - in Russian [6], in English [7];
- David Carmichael - in Russian [8], in English [9];
- Stephanie Balsys - in Russian [10], in English [11];
- Ardak Idayatova - in Russian [12].
For those who are interested in the theme of FIDIC in the CIS countries, including Kazakhstan, we recommend to pay attention to the following materials by our firm available in Russian language (audio, video, infographics):
- Business breakfasts for FIDIC specialists in Kazakhstan, held in 2017. Audio podcast is available by links - business breakfast in Almaty 17.02.2017 [13], business breakfast in Astana 15.02.2017 [14];
- Video lecture "the FIDIC Forms of contract in the CIS" [15];
- Video from the webinar “the FIDIC Forms of contract. Background information” [16];
- Infographics. How to choose the right form of EPC contract, based on the meaning inherent by FIDIC developers [17].