challenges of technical arbitrations

PECULIARITIES & CHALLENGES

OF TECHNICAL ARBITRATIONS

Lt Col (Retd) L Shri Harsha, PgMP®, PMP®

Project Management Consultant & Arbitrator

AGENDA

• Journey from AC – Ground Zero - AC• How things go wrong & where? • Challenges • Journey ahead

The beginning ……..

Engineering ContractLegal

Processes & methodologies

Financial

Technical

Client Contractor

Perception of requirementsIsolation from ground realitiesPast experiences

Agree to disagree

Fueling station ……….

Ground team - different class Pressure of performance Shifting responsibilities or

blames Mismatching or incompetent

human resource Misinterpretations of

requirements

The final nail in the coffin ……….

Legal interpretations of technical language

Improper & fabricated documentation

Lack of cooperation and mutual support to settle issues

and ……. the debate of who’s right never ends

• Poor definition of contract terms and conditions• Lack of understanding of legal pre requisites and

its implications during arbitrations • Limited flexibility to accommodate changing

needs • Procedural gaps during execution

Where did things go wrong????

• Two parties – Technically competent• Difference of views as an after thought• Failed to mutually resolve differences • Require external interventions

Characteristics of Technical Arbitrations

Monkey and the cat fable

• Who should arbitrate – legal or technical?– Art 124 (7) and 220– Advocates Act 1961, Sec 33

• Procedural norms for arbitrations • Cost & time factors• Technical acumen of entire arbitration

team– Age vs Knowledge

What is the debate all about?

• Educate project team of legal nuances • Good Project Management practices• Early resolution – – Dispute Board, Clause 20.2, FIDIC, General

Conditions of Contract for Construction

Learning's – The journey ahead

THANK YOU