challenges of technical arbitrations
TRANSCRIPT
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