International Federation of Consulting Engineers Yukinobu Hayashi Association

International Federation of Consulting Engineers Yukinobu Hayashi Association of Japanese Consulting Engineers (AJCE) Nippon Koei Co. , Ltd

FIDIC MDB Harmonised Construction Contract Conference Creation of National List of Japanese Adjudicators June 2012 Yukinobu Hayashi Association of Japanese Consulting Engineers (AJCE) Adjudicator Committee

FIDIC MDB Harmonised Construction Contract Conference Presentation Topics n Background n Preparation n Realization

FIDIC MDB Harmonised Construction Contract Conference Background 1. Increasing Demand of Adjudicators n MDBs started to use FIDIC MDB Harmonized edition in 2005. n JICA adopted MDB Harmonized edition for Works contract in 2009. n JICA’s other Standard Bidding Documents including Plant works and Small Works also use Dispute Board/adjudicator since 2010. n Trend to move from ad-hoc DB to standing DB in design build contract?

FIDIC MDB Harmonised Construction Contract Conference Background JICA Standard Bidding Documents and Dispute Board JICA SBD Version (year) Conditions of Contract Dispute Resolution (First Step) 1. 1 (2009) FIDIC MDB harmonized edition Standing Dispute Board 1 Works 2 Plant Design, Supply and Installation 1. 0 (2010) ENAA form Standing Dispute Board 3 Small Works 1. 0 (2010) MDB original Adjudicator

FIDIC MDB Harmonised Construction Contract Conference Background 2. Insufficient numbers of adjudicator to cope with increasing demand n FIDIC President’s List - 47 adjudicators - only one Asian adjudicator (Prof. Toshihiko Omoto) - assessment at about 3 years interval n FIDIC encourages its Member Associations (MAs) to establish their own National Lists*. • Note : List of Adjudicators established by each FIDIC MA is called National List.

FIDIC MDB Harmonised Construction Contract Conference Preparation 1. Good Practice Survey n Visit to MAs in Germany (VBI), Poland (SIDir) and Romania (ARIC) n • • • VBI National List well prepared training program and assessment process 3 -days assessment held annually since 2007 9 listees at present

FIDIC MDB Harmonised Construction Contract Conference Preparation 2. Development of JICA Dispute Board Training Kit n training kit for candidate of adjudicator n designed for 5 -days training workshop n covers FIDIC Module 3/3 A n trainer’s version and trainee’s version n about 300 pages comprehensive training material

FIDIC MDB Harmonised Construction Contract Conference Preparation 3. Internal Arrangement of AJCE n Establishment of adjudicator committee n Preparation of internal procedural rules 1) Adjudicator Examination and Screening Procedural Rules 2) AJCE Adjudicator Registration Rules

FIDIC MDB Harmonised Construction Contract Conference Realization Process 1. Overall Procedure Application Oct/2010 Examination of Qualification Sep/2010 FIDIC Module 1 and 2 Nov/2010 Adjudicator Training Workshop (ATW) Adjudicator Assessment Workshop (AAW) Dec/2010 Registration Establishment of AJCE National List May/2011

FIDIC MDB Harmonised Construction Contract Conference Realization Process 2. Trainers/Assessors Program 1 2 3 Module 1 and 2 Training Workshop Assessment Workshop Duration Trainer/Assessor 5 days Mr. James Perry Mr. Geoff Smith 4 days Mr. Gordon Jaynes Mr. Richard Appuhn Prof. Toshihiko Omoto 3 days Mr. Volker Jurowich Dr. Götz-Sebastian Hök Prof. Toshihiko Omoto

FIDIC MDB Harmonised Construction Contract Conference Realization Process 3. FIDIC Module 1 and 2

FIDIC MDB Harmonised Construction Contract Conference Realization Process 4. Qualification for Assessment 1) Possess appropriate qualification : Professional Engineer, First-class architect, First-Class engineer on construction management, Attorney or other appropriate professional qualifications. (in-house law expert having sufficient experience in FIDIC contract is qualified as well) 2) Possess 10 or more years of working experience in consulting engineering industry or construction industry. However, this shall not apply to an attorney.

FIDIC MDB Harmonised Construction Contract Conference Realization Process 3) Possess all of the experience as specified below: (1)International construction works : work experience, consulting services, construction supervision or advice (any one of them is sufficient) (2) FIDIC Contract Documents (3) Dispute resolution

FIDIC MDB Harmonised Construction Contract Conference Realization Process 4) Fluent in English and able to compose concise sentences 5) To have complete FIDIC contractual training programs: FIDIC Modules 1 and 2 6) To have completed FIDIC Adjudicator Training workshop: FIDIC Module 3/3 A 7) To have an intention to register on AJCE List 8) To be listed on AJCE List and have an intention to accept upon appointment

FIDIC MDB Harmonised Construction Contract Conference Realization Process 5. Adjudicator Training Workshop (ATW)

FIDIC MDB Harmonised Construction Contract Conference Realization Process 6. Adjudicator Assessment Workshop (AAW)

FIDIC MDB Harmonised Construction Contract Conference Realization Process 7. Registration (after passing AAW) n Observation of AJCE’s Code of Ethic required n n n Validity of the certificate : 3 years Re-registration: at every 3 years Record of the following career development is required for re-registration • • • adjudicator activities/ practice participate in training program on Adjudicator experience in FIDIC contract practice publication, presentation, articles in related subject others

FIDIC MDB Harmonised Construction Contract Conference Realization Open to the public in May 2011 7 adjudicators listed

FIDIC MDB Harmonised Construction Contract Conference National Lists in the World n Germany (VBI) List n Hungary (AHCEA) List n Philippines(CECOPHIL) in formation Contact n Poland (SIDR) List n Romania (ARIC): Contact Bogdan Oprea n South Africa (SCAACE) List Course n UK (ACE) in formation Course n Japan (AJCE) List

FIDIC MDB Harmonised Construction Contract Conference Photographs

International Federation of Consulting Engineers President Geoff French, UK Vice-President Pablo Bueno, Spain Secretariat FIDIC World Trade Center 2 Geneva Airport Box 311 CH-1215 Geneva 15 Switzerland Tel: +41 22 799 49 00 Fax: +41 22 799 49 01 fidic@fidic. org www. fidic. org Managing Director Enrico Vink