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2018年 1月 トピックス

The Claims Submission and Negotiation Yangon, Myanmar

The Claims Submission and Negotiation Yangon, Myanmar

We would like to invite you to a seminar hosted by OCAJI in cooperation with Reed Smith LLP, entitled “The Claims Submission and Negotiation Dispute Adjudication Boards under FIDIC ”. The seminar details are as follows. It is a chance for you to better understand Claims under FIDIC.

1.Date : 27th February(Tue) 2018 14:00-17:00 including breaks and QA
(The door will be open at 13:30)

2.VenueParkRoyal Yangon
33 Alan Pya Phaya Road, Dagon Township, Yangon
(Venue room name will be informed to applicants in due course)
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3. Topic:
“The Claims Submission and Negotiation Dispute Adjudication Boards under FIDIC ”

This seminar will invite attendees to consider how to best prepare the key documents needed to successfully present and evidence contract claims. The Reed Smith presenters will share real examples of a claim document, a claim position paper, DAB submission and witness statement in order to recreate and track the journey of a claim and provide real insight on how to succeed in the typical claims and dispute resolution procedures (FIDIC/DAB/ICC arbitration).

14.00 - 14.15 Welcome and Opening Remarks
Introductory Remarks and Context for Seminar

Vincent Rowan, Partner, Reed Smith LLP

Contractor claims are being subjected to ever increasing levels of scrutiny and challenge, firstly, by employers, and secondly, by adjudicators and arbitrators appointed to decide their validity.

This seminar will provide practical guidance on how contractors can improve their chances of success in claims by demonstrating, first hand, how these claims are tested and challenged during a typical claims process and highlighting those lessons which should be learned.

14.15 – 14.45 Session I – Making the Claim
•Introduction to the notification and presentation of the Claim
•Review of a Claim Notice/Document
•Commentary and Conclusions on Best Practice

What are the key issues to consider in order to properly notify, document and presenting a convincing claim for additional time and payment? What convinces employers, and what should be done at this early stage to influence those who may decide the claim in the future? What will an employer say and do to resist claims upon presentation?

14.45 – 15.15 Session II – The Claim Position Paper

•Introduction to the use of a Claim Position Paper
•Review of a Claim Position Paper
•Commentary and Conclusions on Best Practice

Why use a claim position paper? What format and level of detail should be used? In what circumstances and when should a claim position paper be used and what purpose can they serve? Can the claim position paper represent a distraction or a delay to the contract procedures (journey) and how can those risks be avoided?

15.15 – 15.30 Break

15.30 – 16.00 Session III – The DAB Submission

•Introduction to the DAB submission
•Review of a DAB submission
•Commentary and Conclusions on Best Practice

What level of detail is needed and to what extent can claims develop from earlier submissions? Does a DAB represent a real opportunity to resolve claims, gain an early “victory” and get paid? What is a DAB looking for in a convincing claims submission?

16.00 – 16.30 Session IV – Witness Statement in Arbitration
•Introduction to the use of Witness Statements in Arbitration
•Review of a Witness Statement
•Commentary and Conclusions on Best Practice

International arbitration is the default process for international construction disputes. What witness evidence will need to be put forward to support and prove the claims made earlier in the claims journey? What is the role and importance of witness statements in arbitration? What form and level of detail is required for a convincing written witness statement?

16.30 - 17.00Final Session – Question and Answers, and The VOTE
OCAJI members attending the seminar will be invited to ask questions and raise any issues with the Reed Smith presenters and to vote on whether they would have accepted the claims being presented by the Contractor, based on the claim documents reviewed during each session of the seminar, and at which stage.
4. Presenters: Reed Smith LLP
Founded in 1877, Reed Smith LLP is an elite global law firm headquartered in Pittsburgh, Pennsylvania, with more than 1,900 lawyers in 25 offices throughout the United States, Europe, the Middle East and Asia. In 2014, Reed Smith was listed as one of the top Global 20 Firms



◆Vincent Rowan, Partner
Vincent has over 30 years' experience advising in connection with major international energy, infrastructure and construction projects, with particular expertise in contract strategies, project management (as project counsel) and international dispute resolution (arbitration, ADR and litigation). He is recognised as a leading lawyer in the field of construction by Who's Who Legal.
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◆Shareena Edmonds, Partner
Shareena focuses her practice on international disputes. She advises owners and contractors in connection with major energy, infrastructure and construction projects around the world. As well as providing strategic project advice, Shareena represents clients throughout the dispute resolution process, whether in court, arbitration or using ADR techniques.
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5. Language: English, Hand-outs: English, Format: Oral presentation with slides.

6. Participants’ level/Experience: Master Class but No restriction

7. Fee: Free of charge

◆Please RSVP by 13th February 2018
to ensure your place at the event from here. (Japanese only)
Please note that due to the capacity of the room, we may cease to accept application even before the said closing date. When attending, please deliver your name card at the seminar reception desk.
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