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The Dispute Board Federation
Geneva
   
                         Top1Excellence in Dispute Resolution Since 2001
Issue No. 104
February 2016
Latest News
-Complimentary eBook Gift With New Membership
-DBF/TECBAR Joint PPP Symposium, Hanoi, March 2016
-Part III of Quantification and Substantiation of Contractual Claims
-Welcome


Membership Offer
 

Membership Promotion

 

Free eBook on Dispute Boards with new paid membership! 

 


Join the DBF now and receive a FREE* eBook of the newly released 3rd Edition of  "Chern on Dispute Boards by Dr Cyril Chern.

Chern On Dispute Boards 

For more information about this limited-time promotion, please contact Lori Fusello   in Member Services.

(*Applies to new members only, at Professional Level and above. Promotion may end at any time.)


About
Chern on Dispute Boards, 3rd Edition

This new 3rd edition of "Chern on Dispute Boards"  examines the law of dispute boards and their development around the world, while also covering procedural topics that are of particular concern to those utilising them. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale.

This book guides the reader through the complexities of commercial and construction disputes together with their successful resolution, as well as presenting a way forward for the dispute board members themselves to administer dispute boards all over the world. It is therefore the number one guide for construction lawyers and engineers, as well as dispute board stakeholders worldwide.


 


Do you have any colleagues with expertise in the fields of arbitration, surveying, engineering, construction, law or energy that would be an asset to our membership, or perhaps know someone who wants to learn more about Dispute Boards? Tell them about the DBF:


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See what others are saying about the DBF's training programmes & events:

"I attended the DAB Intensive Training in Dublin-Ireland. My compliments to the great team of trainers, and to everybody who participated in the organization of the training! As an employee of a construction company, I gained valuable knowledge that every Contractor needs to know when it comes to disputes and DAB decisions in large construction projects.
The trainers shared with us not only their huge knowledge and experience regarding DAB matters, but we were also able to learn more about very important related issues of claims and contract management. I am grateful for having a privilege to participate."

Sead Dizdarevic
Euro-Asfalt
Sarajevo, Bosnia  Hercegovina

_________________________
 
"The Intensive Training Programme greatly expanded my knowledge. It was very well organized and prepared, with a high level of professional presentation thanks to Dr. Chern, Leo Grutters and Ben Beaumont. I strongly recommend this course."

Zdenek Jurik 
ABC Engineering P.E.
Prague, Czech Republic

_________________________
 
"I attended the DBF Intensive Training and Decision Writing Programmes in Dublin, and the FIDIC Contract Form Programme last autumn because I am interested in contributing to solutions in often difficult situations in large construction projects. I found all Programmes absolutely worth their prices. The trainers were top level and were complementary to each other, and conveyed their readiness to share their knowledge for the best of the trade. Small classes with only two to three participants per trainer, and full immersion courses, lunch and dinner (and after dinner) with an interesting mix of people from different professional backgrounds and different geographical and political contexts did the rest to create a professionally and personally really enriching experience."
 
Matthias Neuenschwander
Neuenschwander Consulting Engineers, Ltd.
Bellinzona, Switzerland

_________________________

 
"The FTIP course was very challenging and intensive making it very thorough in depth. The course has been very effective in reviewing important principles and providing an in depth understanding and knowledge of the FIDIC Suite of Contracts and the Dispute Adjudication process.
 
The course did indeed have many positive outcomes to attribute towards development of my career. The course enabled me to gain insight and in-depth understanding in the capacity of a Lawyer in; identification and analysis of risks in contracts, providing legal opinions and the negotiation process with clients' in reaching to agreements.
The tutors delivering the course were very professional and experienced in their field of taught subject. The seminars were very interactive whereby tutors encouraged participation in allowing participants to apply knowledge gained through evening assignments.
 
Overall the course was a very positive experience and I would highly recommend it to those who wish to gain a deep insight and understanding in FIDIC Contracts."

Soley Erogluer
Senior Legal Counsel at Siemens Istanbul, Turkey

_________________________


"The FTIP course is an excellent way to obtain a good understanding of the FIDIC suite of contracts, including the mechanisms and possible pitfalls, for the Employer, Contractor and other practitioners."

Robert A Sliwinski 
SWL Chambers 

_________________________


"I have been in many programs, but this one (FTIP) is absolutely what is needed for professionals since it is taught by professionals in a deep and practical way. The process of "crisis" thinking leads to an excellent understanding that can help a succesful practice of the participants".
 
Roberto Hernández García 
Socio Director / Managing Partner
COMAD, S.C.


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Would you like to highlight any news or events going on in which you as a member are involved?  

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The Dispute Board Federation
Upcoming Events:
  • First Inaugural Member Event - TBA Germany
  • Joint PPP Symposium DBF and TECBAR, Hanoi, Vietnam -
    Main Conference: 31 March & 1 April 2016
    PPP Essentials  Workshop: 30 March, 2016
  • Intensive Dispute Board Training Programme (DAB) TBA
  ____________________________________________

Special PPP Joint Symposium and Workshop by DBF and TECBAR - 
Hanoi, Vietnam
Click to go to conference website
Hanoi, Vietnam

Building for the Future 2016 is a special joint event designed by the DBF in collaboration with TECBAR that will examine the efficient use of PPPs to promote successful infrastructure development.

Main Conference: 31 March & 1 April 2016
PPP Essentials Workshop: 30 March 2016
Sofitel Plaza Hanoi, Vietnam

The symposium will feature a world class gathering of PPP experts with a broad spectrum of expertise, inc
luding DBF members:
  • Government agencies involved in PPP
  • International contractors
  • Dispute resolution experts
  • Multilateral development banks and other financiers
  • Lawyers / expert advisory
These experts will help you deliver successful PPP projects and enable you to address the most problematic challenges that can arise.

Some topics of discussion will include:
  • What is the appropriate allocation of risk?
  • Why projects fail & how to prevent failure
  • Practical project management, dispute avoidance & resolution
  • and much more!
For a complete list of symposium topics, downloadable agenda, list of speakers and registration form please visit the DBF's  Conference Website Portal .*

Click to visit DBF conference portal
(*DBF members use VIP code FKW82628DBFE after clicking the above banner link for 10% discount.)

Conference Venue:

Sofitel Plaza Hanoi
1 Thanh Nien Road
Ba Dinh District
10000 - HANOI 
VIET NAM
Tel: +84 38238888  
Fax: +84 38293888
 
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Quantification and Substantiation of Contractual Claims Part III:
Additional Site Set-up Costs/Preliminaries Charges
by Mark Entwistle, FDBF
Mark Entwistle, FDBF

This month features Fellow Mark Entwistle's third installment in his series  Quantification and Substantiation of Contractual Claims.

Although the first two articles in this series addressed Head/Home office overheads and disruption claims, the subject of this third article is no less challenging than the previous two and can sometimes be even more complicated.

Mr Entwistle further explains the differences of 'Preliminaries Charges' and more site-based costs thusly: "This subject relates exclusively to the resources that the claiming party (contractor or sub-contractor) applies to its general management of the work it is contracted to undertake. Those resources (site-based, generally) are to be differentiated from Head/ Home Office resources which are usually priced into a project by the determination of an appropriate percentage applied to the overall cost or value of the works."  Continue...

(For part two of the series
click here, part one here.)

Mark Entwistle (Barrister and Quantity Surveyor) is a Fellow of the DBF and is listed in the FIDIC President's List of Approved Adjudicators. Mark is also the  holder of the  Independent Construction Adjudicator of the Year (UK) 2015, and  Best Construction Lawyer (UK) 2015.

He will be happy to address any questions or issues arising out of this paper, and is contactable by emailing markentwistle@consultant.com
  ____________________________________________

Welcome!
IW Henning
Ignatius Wilhelm Henning, PDBF
Professional Member
Director/Co-owner
VIP Consulting Engineers

Country: South Africa

Expertise: Construction, Civil Engineering, Project Management, Arbitration

Mr Henning has over 35 years experience in construction, civil engineering, consulting and arbitration. He is currently the Director and co-owner of VIP Consulting Engineers in Pretoria, South Africa. His responsibilities include: Company strategic and general management; program and project leader for infrastructure projects, including design and documentation; procurement and contract administration.

Professional associations include:
  • Registered as Professional Engineer with the South African Council for Engineers
  • Member of the South African Institute for Civil Engineers
  • Associate of the South African Association of Arbitrators
  • Member of the Association of South African Quantity Surveyors
  • Member of the Adjudication Society (UK)
  • Member of the Society for Construction Law (UK)
  • Registered as an adjudicator with the South African Institution of Civil Engineers, Consulting Engineers, South Africa

    ________________________________________________
Edward Sunna, FDBF
Fellow Member
Chief Legal Officer, Arbitrator, Adjudicator
Meraas Holding LLC

Country: Dubai 

Expertise: Edward Sunna has in excess of 15 years PQE and over 20 years experience in legal practice.  In addition to the above he is also the General Legal Advisor for the Engineer's Office of His Highness Sheikh Mohammed bin Rashid Al Maktoum 'EO'.  Previously he  was the Head of the Construction and Engineering Department at the largest regional Gulf Law firm, Al Tamimi & Company.  His expertise includes:

  • Arbitration
  • Construction
  • Construction Disputes
  • Engineering
  • Utilities
  • Real Estate Development
  • Real Estate Disputes
  • Infrastructure
  • Banking
  • Projects
  • Commercial and Insurance Law
Other relevant experience incudes drafting, negotiating, advising and structuring contracts such as PPP type projects, development agreements including master development agreements, scheme documents, sale purchase agreements, facilities management documents, insurance and leasing agreements.

Mr Sunna's professional associations include:
  • Member of the Royal Institute of Chartered Surveyors (RICS)
  • Adjudicator with the Queensland Government Building Services Office 2004
  • Fellow of the Chartered Institute of Arbitrators (FCIArb) & Chartered Arbitrator
  • Panelled arbitrator with the following Centres: ICC, LCIA, DIFC-LCIA, DIAC, SIAC and AJCCCA
________________________________________________


Kyle Wright_ PDBF

Kyle P.A. Wright PDBF

Professional Member
Senior Advisor/Contracts Administrator
Ensco PLC

Country: Dubai

Expertise: Kyle Wright has 12 years experience in contracts management, strategy and development in the offshore oil industry and construction industry.  He is currently Senior Advisor for Contracts in Ensco's Eastern Hemisphere operations since December 2012.

Mr Wright has  worked on large projects up to the value of US $46 billion across all sub-sectors including medical, purchase, operations, marine and aviation.  He is also experienced in the management and implementation of various procurement and contracting routes including traditional, D&B, EPC and Alliance contracting under bespoke forms of contract and standard forms such as FIDIC and LOGIC.

Mr Wright is a member of the following organisations:
  • AACFE - Associate Member of the Association of Fraud Examiners
  • LCIA - Affiliate Member of the London Court of International Arbitration
  • MCIArb - Member Chartered Institute of Arbitrators
  • MACostE - Member of Association of Cost Engineers
  • MSPE - Member of the Society of Petroleum Engineers


 

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