FAQs

What is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution refers to the less formal different ways by which parties resolves the disputes between themselves. These are preferred over the court proceedings because of the time effectiveness, inexpensiveness, confidentiality, convenience etc.

What is Arbitration?

Arbitration is a process in which a dispute or disagreement between two parties is resolved by a neutral third party called an arbitrator. The parties agree to be bound by the decision of the arbitrator, and the arbitration process is usually less formal and more private than a court trial. The arbitrator listens to both sides of the dispute, considers any evidence that is presented, and makes a decision that is final and binding on the parties. Arbitration is often used to resolve disputes in the business, employment, and consumer sectors, and can be a faster and less expensive way to resolve a dispute compared to going to court.

What is mediation?

Mediation is one of the methods of Alternative Dispute Resolution. In this process, a neutral third party acts as a mediator to resolve the disputes between the two parties. It is less formal than arbitration. The mediator facilitates the resolution of the parties' disputes by supervising the exchange of information and the bargaining process. The mediator helps the parties find common ground and may also offer creative solutions and assist in drafting a final settlement. The role of the mediator is to interpret concerns, relay information between the parties, frame issues, and define the problems.

What is adjudication?

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved.

What is pre contract planning in construction?

A pre contract planning model is done after the bidding process is done and before the award of contract. It is basically a risk management plan where the risk is transferred from the owner to the contractor. It also involves an operational plan which basically includes a milestone schedule of operational activities to be done for the operation of the project. Precontract planning allows the contractor to effectively prepare itself before the commencement of the project. It also enables all agreed to deliverables from the planning process to be included as a part of the final contract.

What is China-Pakistan Economic Corridor?

The China-Pakistan Economic Corridor (CPEC) is a collection of infrastructure projects in Pakistan that are being financed and constructed by the government of China. The CPEC was announced in 2013 as part of China's Belt and Road Initiative (BRI), which is a plan to invest in and develop infrastructure projects in countries around the world.

What is construction law?

Construction law deals with legal issues that arise in the context of construction projects, including issues related to contracts, payment, liability, regulation, and dispute resolution. It involves transactional work, ADR and litigation in relation to a wide range of legal issues, such as contract disputes, claims for payment, delays, defects in work, and professional liability. As such, it is generally advisable for individuals and organizations involved in construction projects to seek the advice of an attorney with expertise in construction law.

What is Dispute Resolution Law?

Dispute resolution law is a legal field that deals with the various methods and processes for resolving disputes outside of the traditional court system. This can include both alternative dispute resolution (ADR) methods, such as arbitration and mediation, as well as traditional litigation. Dispute resolution law encompasses a wide range of legal issues, including the enforceability of ADR agreements, the rules and procedures for conducting ADR proceedings, and the recognition and enforcement of ADR decisions in court. It also involves the representation of parties in ADR proceedings, including the selection and role of arbitrators and mediators. Dispute resolution lawyers typically advise clients on the appropriate dispute resolution method for their particular case, and represent clients in ADR proceedings and in court when necessary. They may also be involved in drafting and negotiating ADR clauses in contracts and other legal documents.

What law governs arbitration in Pakistan?

In Pakistan, the law that governs arbitration is the Arbitration Act, 1940. This act provides the legal framework for the conduct of arbitration proceedings in Pakistan, and applies to both domestic and international arbitration. The act sets out the rules for the appointment of arbitrators, the conduct of arbitration proceedings, and the enforcement of arbitration awards. The act also provides for the appointment of a chief justice or a judge of the high court as an arbitrator in cases where the parties are unable to agree on the appointment of an arbitrator. In addition to the Arbitration Act, 1940, Pakistan is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which sets out rules for the recognition and enforcement of arbitration awards made in other countries. This convention allows parties to enforce arbitration awards in Pakistan that have been made in other countries that are also party to the convention.

What is mediation in legal terms?

Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques.

What are the types of adjudication?

There are several different types of adjudication that can be used to resolve disputes, including: i. Judicial adjudication ii. Administrative adjudication iii. Military tribunal iv. Real-time adjudication (RTA)

Difference between Pre-Contract and Post-Contract

Precontract stage involves the activities that are done before the commencement of rights and obligations under the contract for example before the construction whereas post contract involves the activities to be done after the commencement of the contract. For example, precontract stage includes inception, feasibility, outline proposals, scheme design, tendering arrangements, precontract planning. The post contract stage includes construction on site, completion, feedback.

What are the principles guiding the construction of CPEC?

The China-Pakistan Economic Corridor (CPEC) is guided by a set of principles that are intended to ensure that the infrastructure projects being developed under the CPEC are aligned with the needs and priorities of Pakistan and are in line with international standards. The CPEC includes a wide range of infrastructure projects, including the construction of roads, highways, railways, airports, and ports. It also includes the development of energy projects, such as power plants and transmission lines, and the development of special economic zones. The goals of the CPEC are to improve connectivity between Pakistan and China, to boost economic development in Pakistan, and to facilitate the export of Pakistani products to China and other countries. The CPEC is seen as a key part of China's efforts to increase its influence in South Asia and beyond.

What are the phases of a construction?

There are typically several phases of a construction project, which can vary depending on the size and complexity of the project. Here are some common phases of a construction project:

Pre-construction phase: This phase involves the planning and preparation for the construction project, including site selection, design and engineering, and the procurement of materials and equipment.

Construction phase: This is the phase in which the actual construction of the project takes place. This can involve activities such as excavation, foundation work, framing, and the installation of systems and finishes.

Post-construction phase: This phase involves the completion and finalization of the construction project, including final inspections, punch lists, and the resolution of any outstanding issues. This phase may also involve the occupation and use of the completed project.

Maintenance phase: This is the ongoing phase in which the project is maintained and any necessary repairs or renovations are made.

It is important to note that the specific phases of a construction project can vary depending on the nature of the project and the specific requirements of the project team.

Why do we need ADR?

ADR is needed to provide a non-court mode to the parties to resolve their disputes. Moreover, ADR is preferred because of the party autonomy, neutrality, confidentiality, time and money effectiveness.

What are the different types of arbitration?

i. Domestic Arbitration ii. International Arbitration iii. Ad hoc Arbitration iv. Institutional Arbitration v. Online Arbitration vi. Hybrid Arbitration vii. Fast-track Arbitration

How are mediators selected?

Mediators are selected through a consensus of the participants in the ADR process. If the ADR participants have been working with a convener, the convener may help them identify the qualities they believe to be important in the selection of a mediator or facilitator, and then help them identify some potential sources for mediation. Often, ADR participants narrow the list of candidates to two or three and then arrange to interview them in-person or on the telephone. It is important to remember that the mediator or facilitator must be accepted by all ADR participants.

What is Judicial Adjudication?

Judicial adjudication refers to the process of resolving disputes through the court system. This includes both criminal and civil cases, and involves the application of laws and rules by a judge or a panel of judges.

What is needed for a contract to be enforceable?

For a contract to be enforceable, the following elements are essential

Valid offer and acceptance

Mutual assent/ intention of both parties

Adequate consideration

Capacity and,

Legality.

Section 10:

“All agreements are contracts, if they are made by the free consent of the parties, competent to contract, for a lawful consideration with a lawful object, and not hereby expressly to be void." Essential Elements of a Valid Contract are:

1. Proper offer and proper acceptance. There must be an agreement based on a lawful offer made by person to another and lawful acceptance of that offer made by the latter. Section 3 to 9 of the Contract Act, 1872 lay down the rules for making valid acceptance.

2. Lawful consideration: An agreement to form a valid contract should be supported by consideration. Consideration means “something in return” (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful.

3. Competent to contract or capacity: In order to make a valid contract the parties to it must be competent to be contracted.

4. Free Consent: To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake.

5. Lawful Object and Agreement: The object of the agreement must not be illegal or unlawful.

6. Agreement not declared void or illegal: Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence does not constitute a valid contract.

7. Intention to Create Legal Relationships

8. Certainty, Possibility of Performance

9. Legal Formalities

Section 11 of the Contract Act,

a person is considered to be competent to contract if he satisfies the following criterion:

The person has reached the age of majority.

The person is of sound mind.

The person is not disqualified from contracting by any law.

What fields does CPEC cover?

According to the consensus reached by the two countries, both sides agreed to promote an “1+4” pattern of economic cooperation, featuring a central role of the CPEC and four key areas including the Gwadar port, energy, transportation infrastructure and industrial cooperation, so as to achieve win-win results and common social development. In the medium-to-long term, both sides will explore and expand the cooperation fields to financial services, science and technology, tourism, education, poverty elimination and city planning, etc., so as to meet the demands of deepening and expanding of China-Pakistan all-round cooperation, and play a better role in leading and promoting substantive cooperation between the two countries. It is seen as a key part of China's efforts to increase its influence in South Asia and beyond.

What to do in a pre-construction meeting?

Let everyone know the plans and expectations before you begin by holding a preconstruction meeting at the beginning of every job. These agenda items are common to preconstruction meetings:

a. Chain of command.

b. Quality control roles and responsibilities.

c. Introduction to the owner.

d. Document review.

e. Q&A.

During the pre-construction meeting, the discussion matters typically are the introduction to the project and project owner, roles and responsibilities of the project team, chains of command and communication channels, document reviews, and any other business.

What are the different types of ADR?

There are different types of Alternative Dispute Resolution mechanisms. These include arbitration, mediation, neutral evaluation, expert determination, adjudication and settlement conferences.

What is Domestic Arbitration?

This is a type of arbitration that is conducted within a particular country and is governed by the laws of that country. It is typically used to resolve disputes between parties that have a connection to the country, such as business partners or employees and employers. This can be a faster and more cost-effective way to resolve disputes than going to court, and it often allows the parties to have more control over the process and outcome of the dispute resolution. Domestic arbitration can be either voluntary or mandatory, depending on the circumstances of the dispute and the laws of the jurisdiction.

What is a mediator’s role in an ADR process?

Mediators have no authority to determine the outcome of a dispute, unlike judges in a court of law or officials in an administrative decision making process. In an ADR process, the neutral third party’s role is to assist participants in collectively analyzing the issues involved in their dispute, effectively communicating their needs and interests, developing options for a resolution, and reaching agreement, if possible. Mediators have no stake in the substantive outcome of the process.

What is Administrative Adjudication?

Administrative adjudication refers to the process of resolving disputes through administrative agencies or tribunals for the determination of questions of a judicial or quasi-judicial nature. These agencies are responsible for enforcing specific laws and regulations, and they have the authority to hold hearings, sift evidence, and pronounce decisions in disputes that arise within their jurisdiction.

Can a contract be enforced without a signature?

A written contract must be signed by both parties to be legally enforceable. However, some types of oral contracts are also valid and do not require signatures from either party.

What are the cooperation mechanisms of CPEC?

In line with the consensus reached between Premier Li Keqiang and then Pakistan Prime Minister Nawaz Sharif, relevant ministries and departments of both countries have set up a cooperation mechanism to coordinate the development of CPEC and jointly formulated the Long Term Plan for China-Pakistan Economic Corridor (2017-2030). The key cooperation areas are

a. Connectivity

b. Energy related fields

c. Trade and Industrial Parks

d. Agricultural Development and Poverty Alleviation

e. Cooperation in Areas concerning People's Livelihood and Non-governmental Exchanges

f. Tourism

g. Financial Cooperation

What does a construction law attorney do?

Construction attorneys provide a variety of services that can help you maintain control of your business and prevent future liabilities. They are able to review and prepare contracts that protect your interests and provide clear paths for resolving any issues that may occur. In the event that your contract is violated, a construction attorney can support you in filing a claim and demanding payment. Construction attorneys also create and bid for proposals or protest and challenge un-awarded proposals. Working with a construction attorney can help you protect your business, employees, and income by preventing legal liabilities and handling any legal cases in which you become involved

What is an ADR clause?

Alternative dispute resolution (ADR) allows parties to customize their dispute resolution process. Parties can insert the standard arbitration or mediation clause in their contract and can further customize their clause with options that control for time and cost.

What is International Arbitration?

5. What is International Arbitration? This form of arbitration is used to resolve disputes between parties from different countries. It is a voluntary process in which the parties agree to submit their dispute to an arbitrator or a panel of arbitrators, who will make a binding decision that can be enforced in the courts of any country that is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. One of the main advantages of international arbitration is that it allows parties to resolve disputes in a neutral forum, rather than in the courts of one of the parties' home countries. This can be especially useful in cases where there may be concerns about the impartiality of the local judiciary or the enforceability of a foreign judgment. International arbitration also allows the parties to choose arbitrators with expertise in the specific area of law relevant to the dispute, which can help to ensure a fair and informed decision.

Who pays for the mediator?

The cost of a mediator is typically borne by the parties to the mediation, either jointly or individually. The specific arrangements for payment of the mediator's fees will depend on the circumstances of the case and the agreement of the parties. In some cases, the parties may agree to split the cost of the mediator equally between them. In other cases, one party may agree to pay the entire cost of the mediator, either as a gesture of goodwill or because they believe that they will benefit more from the mediation; or, the cost of the mediator may be paid by a third party, such as an insurance company or a government agency. This may be the case, for example, if the mediation is required by law or if the third party has a stake in the outcome of the dispute.

What is Military Tribunal?

This is a type of adjudication that occurs within the context of a military organization and is used to try individuals accused of military offenses.

Post contract stage quantity surveyor

A quantity surveyor prepares schedules of quantities of the various project elements. He is responsible to calculate any variation and extra work onsite as per requirements of the project.

Preparation of Bill of Quantities

Procured materials

Preparation of site waste management plan

Control and minimize any cost variations

· Preparing sub contractor’s bills.

· Valuating variations and extra work.

· preparing bills of quantities for contracts based on drawings and specifications.

· Preparing interim payment statements.

· Collection of information of the operations and which conditions they occured.

· Making application to the architect for confirmation of verbal instructions.

· Assisting the manager to control the cost of the project.

· Quantity surveyor should provide and price bills of quantities.

· Advise on financial implications, advise on use of areas and provide measurement of areas.

Advising on contractual matters

What is the progress made in the sector of Gwadar port under the CPEC?

Completed Projects

1 Development of Port and Free Zone

2 Gwadar Smart Port City Master Plan

3 Pak-China Technical and Vocational Institute at Gwadar

Under Construction Projects

1 Gwadar Eastbay Expressway

2 New Gwadar International Airport

3 Necessary facilities of fresh water treatment, water supply and distribution

4 Pak-China Friendship Hospital

5 300MW Coal-Fired Power Project at Gwadar

6 1.2 MGD Desalination Plant

7 5 MGD Water Desalination Plant Gwadar

What is building code?

Building code refers to a set of rules that specify the standards for constructed objects such as buildings and non-building structures.

Are ADR clauses enforceable?

ADR, or alternative dispute resolution, refers to a variety of methods for resolving disputes outside of the traditional court system, such as arbitration, mediation, and negotiation. ADR clauses are provisions in contracts that specify that any disputes arising from the contract will be resolved through ADR rather than through litigation in the courts.

What is Ad hoc Arbitration?

Ad hoc arbitration is a type of arbitration that is conducted without the involvement of an arbitration institution or organization. The parties to the dispute agree to the terms of the arbitration, including the selection of the arbitrator or arbitrators, and the rules of the arbitration.

How does the process of mediation work?

The mediator begins by welcoming the parties and introductions, then outlines the process, roles of the mediator, the parties, and attorneys (if present) and ground rules. The mediator then asks for statements from each party to share their viewpoint. Often, these stories are emotional. The mediator may ask clarifying questions, but typically the parties do not question each other. If the parties are too emotional, this part of the process may be cut short. After both parties have spoken, the mediator may ask more questions, both to clarify the issues and to provide the other party with greater understanding. At this point, the mediator may ask the parties to caucus for discussion. The mediator goes back and forth between the parties during this time, clearing up misunderstandings, and proposing solutions, trying out scenarios to get a commitment to a settlement. The mediator works to find points of agreement between the parties, pose a final agreement and urge them to accept.

What is Real-time adjudication (RTA)?

RTA offers a path to comprehensively address the limitations of claims administration today—and, in doing so, materially reduce national health care spending. Under RTA, claims would be generated, submitted, and processed electronically at the point of service (i.e., before the end of a clinical encounter), allowing for payment assurance for providers and transparent prices for patients on a timeline consistent with payments for other consumer services.

Post contract management process

Once a contract ends, there is still some housekeeping to do to ensure that everything is wrapped up properly. This includes ensuring termination conditions have been met, issuing or paying final invoices, and archiving your contract. It’s also useful to perform a contract post-mortem, which can provide valuable information and learnings that can improve the results of future contracts. First, the parties have defined their needs, critical components, and key aspects of the agreement. Then, they outline the details. This was the pre-contract phase. Following that, an agreement was drafted, and the terms of the contract are clearly laid out. Finally, the parties negotiated, signed and settled the various details. Only after this does the third contract management phase comes into play – the post-contract phase. This begins once the parties have had their teams meet. Consequently, it is about performance monitoring, quality assurance, remedies, and keeping up contract documentation.

Aspects of the post-award phase of the agreement include:

· Contract administration

· Detailed contract audit

· Ongoing performance & status monitoring

· Penalties for delays, defects, breaches, and shortcomings

· Sudden contract end for breach, expiry, or other triggers

· Refinement of breach and termination definitions

· Claims & dispute resolution

· Final contract completion review

What is the progress made in the energy sector under the CPEC?

Operational Projects

1320MW Sahiwal Coal-fired Power Plant

a. 1320MW Coal-fired Power Plant at Port Qasim Karachi

b. 1320MW China Hub Coal Power Project, Hub Balochistan

c. 660MW Engro Thar Coal Power Project

1000MW Quaid-e-Azam Solar Park (Bahawalpur)- 400 MW project completed in August 2016-600MW under Implementation.

a. 50 MW Hydro China Dawood Wind Farm, Gharo, Thatta

b. 100MW UEP Wind Farm, Jhimpir, Thatta

c. 50MW Sachal Wind Farm ,Jhimpir, Thatta

100MW Three Gorges Second and Third Wind Power Project

a. Matiari to Lahore ±660 KV HVDC Transmission Line Project

What are the Building Regulations?

Building regulations may refer to: Building code, a set of rules that specify the

minimum acceptable level of safety for constructed objects.

What is arbitration?

Arbitration is a process in which a dispute or disagreement between two parties is resolved by a neutral third party called an arbitrator. The parties agree to be bound by the decision of the arbitrator, and the arbitration process is usually less formal and more private than a court trial. The arbitrator listens to both sides of the dispute, considers any evidence that is presented, and makes a decision that is final and binding on the parties. Arbitration is often used to resolve disputes in the business, employment, and consumer sectors, and can be a faster and less expensive way to resolve a dispute compared to going to court.

What is Institutional Arbitration?

Institutional arbitration is a type of arbitration that is conducted through an arbitration institution or organization, such as the International Chamber of Commerce (ICC) or the American Arbitration Association (AAA). The institution provides support for the conduct of the arbitration, including the selection of the arbitrator or arbitrators, and the rules of the arbitration.

Do you need a lawyer to go to mediation?

While mediation does not strictly require a lawyer, it can be beneficial to have a lawyer consult on your mediation, especially in high risk or overly contentious matters. A lawyer should also generally be consulted to discuss the consequences of the mediation and any settlement.

What are the steps in an adjudication?

Steps in adjudications can vary depending on the specific legal context and the type of adjudication.

Some common stages include:

Initiation of the process: The dispute is brought to the attention of the adjudication body, through filing of a lawsuit or the initiation of some other type of formal dispute resolution process.

Discovery: The parties gather and exchange information about the case, including production of documents, the taking of depositions, and the inspection of physical evidence.

Pretrial proceedings: The parties engage in various activities to prepare for trial, such as negotiating settlements, filing motions, and preparing for trial.

Trial: The dispute is heard and decided by the adjudication body. This can involve the presentation of evidence, the examination and cross-examination of witnesses, and the arguments of the parties.

Decision: The adjudication body issues its decision in the case. This can be in the form of a judgment, an award, or some other type of ruling.

Appeal: The dispute seeks to have the decision of the adjudication body reviewed by a higher court or other appellate body.

What are the phases of unified process?

Unified Process is based on the enlargement and refinement of a system through multiple iterations, with cyclic feedback and adaptation. The system is developed incrementally over time, iteration by iteration, and thus this approach is also known as iterative and incremental software development. The iterations are spread over four phases where each phase consists of one or more iterations

Inception

Elaboration

Construction

Transition

What projects does the CPEC have in the western parts of Pakistan?

a. Gwadar Port Complex

b. Gwadar International Airport

c. 300 MW coal power plant,

d. Desalinization plant

e. 300-bed hospital

f. East Bay Expressway

g. Pak-China Technical and Vocational Institute at Gwadar

h. Western Alignment Roadway Network

Can oral construction contract be legally valid?

Yes, oral construction contracts can be legally valid depending on the laws of the jurisdiction in which the contract is formed and the specific terms of the contract.

In some jurisdictions, certain types of construction contracts must be in writing in order to be enforceable. For example, construction contracts that involve the sale of real estate or that are for a term of more than one year may be required to be in writing. In other jurisdictions, oral construction contracts may be enforceable if they meet certain requirements, such as being supported by consideration (something of value exchanged between the parties) and being entered into by parties with the legal capacity to contract.

Enforceability of oral construction contracts can be difficult to determine, as the laws governing these contracts can vary widely by jurisdiction. It is generally advisable to seek the advice of an attorney if you are considering entering into an oral construction contract or if you are involved in a dispute over an oral construction contract.

What is mediation?

Mediation is a process in which a neutral third party called a mediator helps two or more parties to a dispute or disagreement to reach a mutually acceptable resolution. The mediator does not have the authority to make a binding decision, but rather helps the parties to communicate with each other and explore possible options for resolving the dispute. The goal of mediation is to facilitate a voluntary and mutually acceptable agreement, rather than imposing a solution. Mediation is often used to resolve disputes in the legal, business, and family sectors, and can be a faster and less expensive way to resolve a dispute compared to going to court. Mediation is a voluntary process, and both parties must agree to participate in order for it to be successful. The mediator helps the parties to communicate and understand each other's perspective, and helps them to identify common interests and explore possible solutions. Mediation is often confidential and non-binding,

What is Online Arbitration?

Online arbitration is a type of arbitration that is conducted entirely or partially online, using technology such as video conferencing or electronic document exchange. Online arbitration can be conducted as either ad hoc or institutional arbitration.

Can my case be mediated?

Typically, only civil cases can be mediated. The general exception is that certain nonviolent criminal matters, such as harassment, often allow mediation. Typical civil cases that are mediated include business disputes, landlord-tenant disputes, small claims disputes, divorces, child custody disputes and contract disputes. One of the primary reasons to choose mediation over typical litigation is if you are concerned about maintaining an important relationship with the person on the other side. Mediation is more cooperative and collaborative, so it is a good choice for disputes that involve business partners, co-parents, or next door neighbors.

What are the stages of the adjudication process in a construction dispute?

I. Notice of adjudication: This is the stage at which one party (the claimant) initiates the adjudication process by serving a notice of adjudication on the other party (the respondent). The notice typically includes details about the nature of the dispute and the relief sought.

II. Appointing the adjudicator: The parties to the dispute, or an appointing authority, will typically appoint an adjudicator to hear and decide the case. The adjudicator should be neutral and unbiased, and have relevant expertise in the subject matter of the dispute.

III. The adjudication claim: The claimant will present their case to the adjudicator in the form of an adjudication claim. The claim should include a clear statement of the dispute, the relief sought, and the supporting evidence.

IV. Responding to the adjudication claim: The respondent will then have an opportunity to respond to the adjudication claim, presenting their own case and evidence to the adjudicator.

V. Right of reply by the claimant: The claimant may then have an opportunity to reply to the respondent's response, presenting any additional evidence or arguments in support of their case.

VI. Right of rejoinder by the respondent: The respondent may then have an opportunity to provide a rejoinder to the claimant's reply, presenting any additional evidence or arguments in support of their case.

VII. The adjudicator's determination: After considering the evidence and arguments presented by the parties, the adjudicator will issue a determination on the dispute. This may be in the form of a binding decision or an advisory opinion.

What is a commercial dispute?

A commercial dispute, at its core, is a disagreement between two or more parties in relation to commerce. Many commercial disputes arise due to mismanagement, misunderstanding of, or failure to perform contract terms and conditions. That is why we always advise clients to review their contracts before signing them

How can CPEC better benefit all the regions in Pakistan?

CPEC is benefitting all regions of Pakistan by the addition of 10,000MW to the generation capacity in Pakistan in a span of four years. Furthermore, the construction of highways and railway line linking Gwadar with Kashgar and the Mass Transit systems within big cities.

The rehabilitation and upgrading of Main Railway Line with High speed trains would relieve the businesses of high cost of domestic transportation of goods to and from Karachi as at present bulk of the freight is carried by trucking fleet. Inner city Mass Transit systems in Lahore, Peshawar, Karachi and Quetta would provide safe and affordable public transport to the citizens who face a lot of inconveniences and spend a lot of time and money in commuting to work. The reduced travel time and saving in transportation expenses would increase their productivity and also augment the purchasing power of lower income and low middle income group.

The Western route would open up the backward districts of Balochistan and Southern KP and integrate them with the national markets. The communities living along the route would be able to produce and sell their mining, livestock and poultry, horticulture, fisheries output to a much larger segment of consumers.

Their transportation costs would become lower, the proportion of perishables and waste would go down, cool chains and warehousing would become available and processing would become possible in the adjoining Industrial zones. Access to large trucking fleet and containers with greater frequency and reduced turnaround time may help in the scaling up of operations. Fibre optic network would allow the citizens of these deprived districts access to latest 3G and 4 G broadband internet connections.

What is the difference between a building inspection and a home inspection?

Building inspectors deal with and ensure buildings and homes meet building codes. Home inspectors make visual inspection of homes to provide a written professional opinion of the condition of the home.

What is facilitation?

Facilitation is a process in which a neutral third party called a facilitator helps a group of people to work together more effectively. The facilitator does not have any decision-making authority, but rather helps the group to clarify their goals, identify and overcome any obstacles to achieving those goals, and develop and implement a plan of action. The facilitator may use a variety of techniques and tools to help the group to communicate and collaborate effectively, including brainstorming, problem-solving, decision-making, and conflict resolution. Facilitation is often used in a variety of settings, including business, education, and community development, to help groups to work together more effectively. The facilitator helps the group to stay focused, to listen to and respect different viewpoints, and to work towards a common goal. Facilitation can be a useful tool for improving communication, building consensus, and achieving results in a group settin

What is Hybrid Arbitration?

Hybrid arbitration is a type of arbitration that combines elements of both ad hoc and institutional arbitration. The parties may agree to use an arbitration institution or organization to provide support for the arbitration, but may also retain the flexibility to tailor the arbitration to their specific needs.

How long does mediation typically take?

Mediations usually last for the duration of one or two days. Larger business and divorce/custody mediation may last significantly longer but still much quicker than traditional litigation.

What are the difference between arbitration and adjudication?

While arbitration and adjudication are both forms of ADR, they have several differences.

In arbitration, the parties to the dispute voluntarily agree to submit their dispute to arbitration. In adjudication, the parties may be required by law or contract to participate in the adjudication process.

Both arbitration and adjudication involve the use of a neutral third party (an arbitrator or an adjudicator) to hear and decide the dispute. However, the qualifications and powers of the arbitrator or adjudicator may differ.

The process for arbitration and adjudication may also differ. For example, arbitration may involve more informal proceedings, such as private hearings or negotiations between the parties and the arbitrator, while adjudication may involve more formal proceedings, such as the presentation of evidence and the examination and cross-examination of witnesses.

Both have binding decisions, that are legally enforceable by the parties, however, in some cases, arbitration decisions may be subject to review or appeal by a court, while adjudication decisions may not be.

Different levels of confidentiality may differ between the two processes.

When can a contract be terminated?

There are a number of ways a contract may be brought to an end, including:

1. where one party is in breach of contract entitling the other party to terminate the contract (termination for breach of contract)

2. where one party is entitled to rescind the contract by reason of the other party’s misrepresentation, undue influence or duress (rescission)

3. where a contract is void by reason of mistake, non est factum or statute (void contract)

4. where the parties agree to bring the contract to an end (discharge by agreement)

5. where the contract provides for termination in the event of force majeure (force majeure)

6. where some unforeseen event prevents the parties from performing the contract (frustration)

What is a standard form of contract in construction?

A standard form of contract in construction is a pre-printed contract document that is commonly used in the construction industry. Standard form contracts are typically developed and published by industry organizations or professional associations, and they are intended to provide a common framework for the terms and conditions of construction projects.

Standard form contracts are commonly used in the construction industry because they provide a starting point for the negotiation of the terms and conditions of a project, and they can help to reduce the time and cost of negotiating a contract. They also provide a level of predictability and consistency in the construction process, which can help to reduce risks for all parties involved.

There are many different types of standard form contracts that are used in the construction industry, including the NEC (New Engineering Contract), the JCT (Joint Contracts Tribunal) contracts, and the FIDIC (International Federation of Consulting Engineers) contracts. The specific terms of a standard form contract will depend on the nature of the project and the needs of the parties involved.

What is neutral evaluation?

Neutral evaluation is a process in which a neutral third party called an evaluator helps two or more parties to a dispute or disagreement to assess the strengths and weaknesses of their positions and to determine the potential value or settlement range of the dispute. The evaluator does not have the authority to make a binding decision, but rather provides an objective assessment of the dispute based on the information that is presented by the parties. The goal of neutral evaluation is to help the parties to understand the potential value of their case and to facilitate a voluntary resolution of the dispute. Neutral evaluation is often used in the legal, business, and construction sectors, and can be a faster and less expensive way to resolve a dispute compared to going to court. The evaluator may review relevant documents, listen to presentations from the parties, and provide a written assessment of the dispute. The evaluation process is usually confi

What is Fast-track Arbitration?

Fast-track arbitration is a type of arbitration that is designed to be completed more quickly than a traditional arbitration. The parties may agree to use streamlined procedures and expedited deadlines in order to resolve the dispute more quickly.

How can I find a good, reliable mediator?

Visit CIArb website.

What is the self-adjudication standard?

The self-adjudication standard refers to the process by which an individual or organization makes a decision about their own conduct or actions. This can occur in a variety of contexts, including professional self-regulation, internal corporate decision-making, and personal decision-making. The self-adjudication standard is often used as an alternative to external adjudication, which involves the review and decision of a third party. It is important to note that the self-adjudication standard may be subject to external review or appeal in certain circumstances.

Self-adjudication may be professional, corporate or personal self-regulation in nature, based on whether it involves an individual or organization making a decision about their own compliance with professional standards or ethical guidelines. For example, a professional organization may establish a process for self-adjudication of complaints against its members, in which the organization reviews and decides upon allegations of professional misconduct.

What is a standard form of contract in construction?

A standard form of contract in construction is a pre-printed contract document that is commonly used in the construction industry. Standard form contracts are typically developed and published by industry organizations or professional associations, and they are intended to provide a common framework for the terms and conditions of construction projects.

Standard form contracts are commonly used in the construction industry because they provide a starting point for the negotiation of the terms and conditions of a project, and they can help to reduce the time and cost of negotiating a contract. They also provide a level of predictability and consistency in the construction process, which can help to reduce risks for all parties involved.

There are many different types of standard form contracts that are used in the construction industry, including the NEC (New Engineering Contract), the JCT (Joint Contracts Tribunal) contracts, and the FIDIC (International Federation of Consulting Engineers) contracts. The specific terms of a standard form contract will depend on the nature of the project and the needs of the parties involved.

What is a standard building contract?

The Standard Building Contract is suitable for use with a traditional method of procurement where the design is completed before the tendering process begins. It’s a form contract that’s negotiated between contracting companies, companies that frequently use their services (like property developers), and design professionals (engineers and architects) that’s accepted as the standard for such transactions and is almost always used after the tendering process.

What is an expert witness?

An expert witness is a person who is qualified by knowledge, skill, experience, training, or education to provide testimony in a legal proceeding as an expert in a particular subject area. Expert witnesses are called upon to provide their expert opinions on matters that are within their area of expertise, based on the information that is presented to them. Expert witness testimony can be given in a variety of legal proceedings, including civil and criminal trials, arbitrations, mediations, and other types of legal proceedings. In order to qualify as an expert witness, a person must have specialized knowledge or expertise in a particular subject area that is relevant to the legal proceedings. The expert witness must also be able to provide testimony that is objective, unbiased, and based on reliable research and methods. The expert witness may be questioned by the attorneys representing the parties to the legal proceeding, and may be subject to cross-exa

What types of arbitration do we offer?

MSJ offer Domestic Arbitration International Arbitration Commercial Arbitration Investment Arbitration Construction Arbitration For further information please refer to our services at: http://ms-website.serversidelogics.com/expertise.

How are mediators and facilitators selected?

The selection of a mediator or facilitator should be based on their qualifications, experience, and ability to handle the specific dispute at hand, as well as their ability to remain neutral and unbiased. Here are a few common ways that mediators and facilitators may be selected: The parties to a dispute may agree on the selection of a mediator or facilitator. This may be the case, for example, if the parties have worked with a particular mediator or facilitator in the past and have confidence in their ability to handle the dispute. Mediators and facilitators may be appointed by an arbitration institution or professional organization. For example, the ICC has a roster of mediators and arbitrators who are available to be appointed to resolve disputes. In some jurisdictions, the court may maintain a list of qualified mediators and facilitators and may provide the parties with a list of potential candidates from which to choose.

What is credit adjudication?

In a credit context, an Adjudication usually refers to the ruling of a judge to bankrupt or issue a judgment against a debtor. If a judge rules that you are to be made bankrupt or have a judgment issued against you, the specific entry will appear on your Credit Report as a harmful marker.

What is a standard building contract?

The Standard Building Contract is suitable for use with a traditional method of procurement where the design is completed before the tendering process begins. It’s a form contract that’s negotiated between contracting companies, companies that frequently use their services (like property developers), and design professionals (engineers and architects) that’s accepted as the standard for such transactions and is almost always used after the tendering process.

What is a FIDIC book?

The FIDIC suite of construction contracts is written and published by the International Federation of Consulting Engineers. In 1999, FIDIC has published the First Edition of FIDIC Rainbow Suite that consists of three leading and most known books; the Red Book, the Yellow Book and the Silver Book. There are other FIDIC Construction Contracts, as well. However, they are mostly related to a particular type of project or sector.

What are the main governing bodies for ADR?

There are several governing bodies that oversee the use of alternative dispute resolution (ADR) processes, such as arbitration, mediation, and neutral evaluation. These bodies establish the rules and standards that govern the use of ADR processes, and provide training and certification for practitioners. Some examples of governing bodies for ADR include: i. American Bar Association (ABA): The ABA is a professional organization for lawyers in the United States, and has a section on Dispute Resolution that provides resources and guidelines for the use of ADR processes. ii. International Chamber of Commerce (ICC): The ICC is a global business organization that promotes the use of ADR, including arbitration and mediation, to resolve international commercial disputes. iii. International Mediation Institute (IMI): The IMI is an independent non-profit organization that promotes the use of mediation to resolve disputes, and provides training

What is Commercial Arbitration?

Commercial arbitration is a type of arbitration that is used to resolve disputes arising out of commercial transactions, such as contracts for the sale of goods or services.

How much does it cost to go to mediation?

The cost of mediation can vary widely depending on a number of factors, including the complexity of the dispute, the location of the mediation, the experience and qualifications of the mediator, and the length of the mediation process. Mediations can be expensive in terms of the mediator’s fees and the attorney’s time in the mediation. Often, mediations last a full day; sometimes several days.

What is an order of adjudication?

An order that a court may issue against someone if they cannot pay their debts when they are due to be paid. This order takes ownership of the debtor's property away from the debtor and allows much of the property to be sold. The money raised is divided between the creditors following strict rules.

What is a FIDIC book?

The FIDIC suite of construction contracts is written and published by the International Federation of Consulting Engineers. In 1999, FIDIC has published the First Edition of FIDIC Rainbow Suite that consists of three leading and most known books; the Red Book, the Yellow Book and the Silver Book. There are other FIDIC Construction Contracts, as well. However, they are mostly related to a particular type of project or sector.

What is an EPC contract?

An EPC (Engineering, Procurement, and Construction) contract also known as a “Turnkey Contract” is a type of construction contract in which a single entity, known as the EPC contractor, is responsible for the engineering, procurement, and construction of a project. Under an EPC contract, the EPC contractor is typically responsible for designing the project, procuring the materials and equipment needed to construct the project, and constructing the project.

EPC contracts are commonly used in the construction of large-scale infrastructure projects, such as power plants, oil and gas facilities, and petrochemical plants. They are also used in the construction of commercial and residential buildings and other types of construction projects. EPC contracts are typically used when the owner of the project desires a single point of responsibility for the design, procurement, and construction of the project. This can help to streamline the construction process and reduce risks for the owner.

EPC contracts can be structured in a number of different ways, including as a lump sum contract, a cost plus contract, or a unit price contract. The specific terms of an EPC contract will depend on the nature of the project and the needs of the owner and the EPC contractor.

Can cases under litigation pursue ADR?

It is possible for cases that are already under litigation to pursue alternative dispute resolution (ADR) processes, such as arbitration, mediation, or neutral evaluation. In many cases, the parties to the litigation may agree to use ADR as a way to resolve their dispute more quickly and efficiently than going through the full litigation process. ADR can be particularly useful in cases where the parties want to preserve their relationship or where the issues involved are complex and require specialized expertise. There are several ways that cases under litigation can pursue ADR. One option is for the parties to agree to participate in ADR before or after the lawsuit has been filed. In some cases, the parties may include provisions in their contract specifying that any disputes will be resolved through ADR. Another option is for the parties to seek the assistance of the court in resolving the dispute through ADR. Many courts have ADR programs

What is Investment Arbitration?

Investment arbitration is a type of arbitration that is used to resolve disputes between investors and states, typically involving disputes over foreign investments.

What are mediation techniques?

Rather than imposing a decision, mediation techniques such as communication skills, objectivity, and creativity can help disputants reach their own voluntary solution to the conflict.

What is an adjudication hearing?

The Adjudication Hearing is a trial, where people come to court, take an oath to tell the truth and testify about the charge. The court also can receive documents offered at trial to evaluate the charge. At trial, the court first hears evidence from the prosecutor.

What is an EPC contract?

An EPC (Engineering, Procurement, and Construction) contract also known as a “Turnkey Contract” is a type of construction contract in which a single entity, known as the EPC contractor, is responsible for the engineering, procurement, and construction of a project. Under an EPC contract, the EPC contractor is typically responsible for designing the project, procuring the materials and equipment needed to construct the project, and constructing the project.

EPC contracts are commonly used in the construction of large-scale infrastructure projects, such as power plants, oil and gas facilities, and petrochemical plants. They are also used in the construction of commercial and residential buildings and other types of construction projects. EPC contracts are typically used when the owner of the project desires a single point of responsibility for the design, procurement, and construction of the project. This can help to streamline the construction process and reduce risks for the owner.

EPC contracts can be structured in a number of different ways, including as a lump sum contract, a cost plus contract, or a unit price contract. The specific terms of an EPC contract will depend on the nature of the project and the needs of the owner and the EPC contractor.

What is the NEC contract?

1.

The NEC (New Engineering Contract) is a suite of standard form contracts that are commonly used in the construction industry, particularly in the UK and other countries in Europe. The NEC contracts are published by the NECC (NEC Contract Committee), which is a joint committee of industry organizations in the UK.

There are several different types of NEC contracts, including the NEC3 Engineering and Construction Contract (ECC), the NEC4 Engineering and Construction Contract (ECC), and the NEC3 Supply Contract (SCL). The NEC contracts are designed to be flexible and adaptable to a wide range of construction projects, and they can be customized to meet the specific needs of a project.

The NEC contracts are known for their clear and concise language, their focus on collaboration and good faith, and their provisions for the management of risk and change. They are widely used in both the public and private sectors, and they have gained a reputation for promoting best practices in the construction industry.

When can you commence ADR proceedings?

Alternative dispute resolution (ADR) processes, such as arbitration, mediation, and neutral evaluation, can be used at any stage of a dispute or disagreement. In many cases, the parties may choose to use ADR as a way to resolve the dispute before it escalates into a formal legal proceeding. This can be particularly useful in cases where the parties want to preserve their relationship or where the issues involved are complex and require specialized expertise. If the parties are unable to resolve the dispute on their own, they may choose to pursue ADR through an ADR provider or through a court-annexed ADR program. Many courts have ADR programs in place to help parties to resolve their disputes without going to trial. The parties may also be able to use ADR at any time during the litigation process, including before or after a lawsuit has been filed, or as a way to resolve an appeal.

What is Construction Arbitration?

Construction arbitration is a type of arbitration that is used to resolve disputes arising out of construction projects, such as disputes over payment, quality of work, or delays.

Under what circumstances should you avoid mediation?

Even if your case can be mediated, you should always question whether it is the best option given your goals and situation. Some typical reasons to not mediate might include: You strongly feel that the other party should have to admit or be found guilty. Mediation will typically not involve any sort of admission of guilt; instead, it is structured more like a compromise. You want to send a "message" or establish a legal precedent. Results from mediation are not binding on other parties, so even if you mediate a successful result from a large company, it will have no bearing on future cases against that company. You believe a jury would be extremely sympathetic and award you a big verdict. Mediation is a compromise, and as such it tends to exclude extremely large settlements that juries can sometimes award.

What is a dispositional hearing?

Dispositional hearing means a hearing to determine what order of disposition should be made concerning a child who is neglected or dependent. Such hearing may be part of the proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing.

What is the NEC contract?

The NEC (New Engineering Contract) is a suite of standard form contracts that are commonly used in the construction industry, particularly in the UK and other countries in Europe. The NEC contracts are published by the NECC (NEC Contract Committee), which is a joint committee of industry organizations in the UK.

There are several different types of NEC contracts, including the NEC3 Engineering and Construction Contract (ECC), the NEC4 Engineering and Construction Contract (ECC), and the NEC3 Supply Contract (SCL). The NEC contracts are designed to be flexible and adaptable to a wide range of construction projects, and they can be customized to meet the specific needs of a project.

The NEC contracts are known for their clear and concise language, their focus on collaboration and good faith, and their provisions for the management of risk and change. They are widely used in both the public and private sectors, and they have gained a reputation for promoting best practices in the construction industry.

What is the meaning of JCT?

JCT (Joint Contracts Tribunal) is a UK-based organization that develops and publishes standard form construction contracts and other construction-related documents. The JCT is a joint committee of industry organizations, including the Royal Institution of Chartered Surveyors (RICS), the Chartered Institute of Architectural Technologists (CIAT), and the Chartered Institute of Building (CIOB).

The JCT publishes a range of standard form construction contracts that are commonly used in the UK construction industry, including the JCT Design and Build Contract, the JCT Minor Works Building Contract, and the JCT Intermediate Building Contract. The JCT also publishes guidance notes, forms, and other related documents to assist with the use of its contracts.

The JCT contracts are designed to be flexible and adaptable to a wide range of construction projects, and they can be customized to meet the specific needs of a project. They are widely used in both the public and private sectors, and they have gained a reputation for promoting best practices in the construction industry.

Why is it emphasized to attempt ADR early in the litigation process?

i. Cost: ADR can often be faster and less expensive than traditional litigation, especially if the dispute is resolved through negotiation or mediation. ii. Efficiency: ADR can be a more efficient way to resolve disputes, as the parties can often reach an agreement more quickly than they would through the legal system. iii. Flexibility: ADR can be more flexible than traditional litigation, as the parties can tailor the process to their specific needs and goals. iv. Control: ADR can give the parties more control over the outcome of the dispute, as they can negotiate an agreement that meets their needs and interests rather than having a judge or jury make a decision for them. v. Relationships: ADR can help to preserve relationships between the parties, as the process is often less adversarial and can encourage communication and cooperation.

What are the different forms/modes of arbitration procedures?

Sole arbitration: A single arbitrator is appointed to hear the case and make a decision. This is the most common form of arbitration, and is often used in cases where the parties do not have a long history of disputes or where the issues involved are relatively simple. Multi-party arbitration: More than two parties are involved in the dispute. In multi-party arbitration, a panel of arbitrators may be appointed to hear the case and make a decision. Final offer arbitration: Parties present their final offers to the arbitrator, who is then required to choose one of the offers as the final resolution of the dispute. Often used in cases where the parties are unable to reach a compromise through negotiation. Summary arbitration: The arbitrator is asked to make a decision based on a summary of the relevant information, rather than a full hearing. Emergency arbitration: Provide a rapid response to urgent disputes, such as those involving the preservation of assets or the IP rights protection.

Is mediation different than arbitration?

Both mediation and arbitration are forms of ADR, but have significantly different procedures and outcomes, such as: i. Mediation is a voluntary process in which the parties to a dispute work with a neutral third party (the mediator) to try to reach a mutually acceptable resolution. The mediator does not have the power to make a binding decision, but instead helps the parties to communicate and negotiate in an effort to resolve their dispute. ii. Arbitration is a more formal process in which a neutral third party (the arbitrator) hears evidence and arguments from both sides and then makes a binding decision to resolve the dispute. The parties to an arbitration are typically required to abide by the decision of the arbitrator. iii. Mediation proceedings are typically less structured and more flexible than arbitration proceedings, and the parties have more control over the process. iv.

What is claim adjudication?

Claim adjudication is the process of reviewing and deciding upon a claim or request for payment or benefits. In the context of insurance, claim adjudication involves evaluating a request for payment made by an insured party (the claimant) under an insurance policy. This process typically involves verifying the details of the claim, determining the coverage provided by the policy, and deciding on the amount of payment to be made (if any). In other contexts, claim adjudication may refer to the process of reviewing and deciding upon a claim made in a legal proceeding or in an administrative hearing. This could involve determining the validity of the claim, the amount of damages or other relief to be awarded, or some other aspect of the dispute.

What is the meaning of JCT?

JCT (Joint Contracts Tribunal) is a UK-based organization that develops and publishes standard form construction contracts and other construction-related documents. The JCT is a joint committee of industry organizations, including the Royal Institution of Chartered Surveyors (RICS), the Chartered Institute of Architectural Technologists (CIAT), and the Chartered Institute of Building (CIOB).

The JCT publishes a range of standard form construction contracts that are commonly used in the UK construction industry, including the JCT Design and Build Contract, the JCT Minor Works Building Contract, and the JCT Intermediate Building Contract. The JCT also publishes guidance notes, forms, and other related documents to assist with the use of its contracts.

The JCT contracts are designed to be flexible and adaptable to a wide range of construction projects, and they can be customized to meet the specific needs of a project. They are widely used in both the public and private sectors, and they have gained a reputation for promoting best practices in the construction industry.

What is NEC3 Engineering and Construction Contract?

The NEC3 Engineering and Construction Contract is the core document from which the options A-F are extracted. It contains all core clauses and secondary option clauses, together with the schedules of cost components and forms for contract data. The Engineering and Construction Contract (ECC) is the most frequently used, and can be adopted on projects such as infrastructure, buildings, highways and process plants. It is used for the appointment of a contractor for engineering and construction work, including any level of design responsibility.NEC3 envisages the project as a collaborative process, with an emphasis on contract administration. The parties are obliged to "act in a spirit of mutual trust and co-operation", an obligation which is central to the philosophy and concept of NEC3.

What is a ‘dispute resolution center’?

A dispute resolution center is a organization or facility that provides resources and services for the resolution of disputes. Dispute resolution centers can offer a variety of services, such as mediation, arbitration, and educational programs on conflict resolution. These centers can be independent organizations, or they can be affiliated with a government agency, a court system, or a community group. They can be an effective way to resolve conflicts in a variety of contexts, including family and domestic disputes, workplace conflicts, neighborhood disputes, and disputes between businesses or organizations. These centers can provide a neutral, unbiased forum for the parties to the dispute to communicate and try to reach an agreement, and they can help to resolve disputes more quickly and efficiently than the traditional legal system. Many dispute resolution centers offer their services at little or no cost to the parties involved, and they can be a valuable resource.

What is an arbitration institution?

An arbitration institution is a organization that provides administrative support for the arbitration process. It is responsible for managing the arbitration proceedings, including issuing rules and procedures, appointing arbitrators, and providing facilities for the hearings. Some of the functions of an arbitration institution may include: i. Setting out the rules and procedures for the arbitration process, including the appointment of arbitrators and the conduct of the arbitration proceedings. ii. Maintaining a list of qualified arbitrators from which parties can choose when appointing an arbitrator for their dispute. iii. Providing administrative support for the arbitration process, including scheduling hearings, issuing notices, and managing the exchange of documents between the parties. iv. Providing facilities for the arbitration hearings, such as conference rooms and other necessary equipment.

What is the difference between arbitration and adjudication?

In arbitration, the disputing parties agree on an impartial third party — an individual or a group — to hear both sides and resolve the issue. In adjudication, the decision is the responsibility of a judge, magistrate, or other legally-appointed or elected official.

What is an affidavit of self-adjudication?

An Affidavit of Self-Adjudication is a written statement under oath by a sole heir (the “affiant”) where declaring that he is the only heir of the deceased and is adjudicating the entire inheritance to himself

What is NEC3 Engineering and Construction Contract?

The NEC3 Engineering and Construction Contract is the core document from which the options A-F are extracted. It contains all core clauses and secondary option clauses, together with the schedules of cost components and forms for contract data. The Engineering and Construction Contract (ECC) is the most frequently used, and can be adopted on projects such as infrastructure, buildings, highways and process plants. It is used for the appointment of a contractor for engineering and construction work, including any level of design responsibility.NEC3 envisages the project as a collaborative process, with an emphasis on contract administration. The parties are obliged to "act in a spirit of mutual trust and co-operation", an obligation which is central to the philosophy and concept of NEC3.

Is an illegal contract void or voidable?

Every agreement of which the object or consideration is unlawful is void.

What procedural safeguards exist in ADR?

Procedural safeguards in alternative dispute resolution (ADR) are measures that are put in place to ensure that the ADR process is fair, unbiased, and transparent. These safeguards can vary depending on the specific type of ADR being used and the legal system in which the ADR process is taking place. Some common procedural safeguards in ADR include: i. Neutral third party ii. Confidentiality iii. Transparency iv. Due Process v. Voluntary Process

What are some well-known arbitration institutions?

Arbitration institutions can be either public or private. Some well-known international arbitration institutions include the Chartered Institute of Arbitrators (CIArb) International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the International Centre for Dispute Resolution (ICDR).

Is the mediation process fair?

Mediation is generally considered to be a fair process for resolving disputes, as it allows the parties to have a greater level of control over the outcome of the dispute The mediator does not have the power to make a binding decision, but instead helps the parties to communicate and negotiate in an effort to resolve their dispute, it allows the parties to have a greater level of control over the outcome of the dispute, as they are able to negotiate and reach an agreement that is acceptable to them.

Are adjudication determinations binding?

Adjudication determinations can be either advisory or binding depending on the specific context and the terms of the adjudication process.

Adjudication decisions are generally binding when they are intended to be legally enforceable by the parties to the dispute. This means that the parties are required to abide by the decision of the adjudicator and cannot challenge it in court or through other legal means. For instance in construction disputes, insurance claims: adjudication decisions, and administrative hearings.

When adjudication determinations are not intended to not be legally binding on the parties they are considered advisory, to provide guidance or a recommendation on how to resolve the dispute. In these cases, the parties may choose to accept the determination and resolve the dispute accordingly, or they may choose to pursue other legal remedies, such as litigation.

It is generally advisable to consult with an attorney or a legal aid organization to determine the binding nature of an adjudication decision.

Is an illegal contract void or voidable

Every agreement of which the object or consideration is unlawful is void.

Difference between lump sum contract and Fixed sum contract ?

Under a lump sum contract, a single 'lump sum' price for all the works is agreed before the works begin. It is defined in the CIOB Code of Estimating Practice as, ‘a fixed price contract where contractors undertake to be responsible for executing the complete contract work for a stated total sum of money.’

How are inequalities in bargaining power and resources addressed during an ADR process?

Inequalities in bargaining power and resources can be a concern in alternative dispute resolution (ADR) processes, as one party may have more power or resources than the other, which can make it difficult for the parties to reach a mutually acceptable resolution. There are several ways that ADR processes can address these inequalities: Neutral third party: Using a neutral third party helps to level the playing field between the parties ensuring equal treatment. Legal coursel: Parties may seek legal counsel at any time. Confidentiality: ADR processes that are confidential can help to protect parties with less bargaining power, as they can discuss sensitive or personal information without fear of it being made public. Education: Providing education and information about the ADR process to both parties can help to ensure that they have a clear understanding of their rights and options, which can help to level the playing field.

What is forced arbitration?

In the event of a dispute with the corporation, forced arbitration says that a consumer or an employee cannot take their case to court but instead has to go to a private arbitration forum designed by the very corporation the dispute is against.

What steps should I take to prepare for mediation?

Take a breath and evaluate the purpose of mediation: It is important to understand that the purpose of mediation is to try to reach a mutually acceptable resolution of the dispute. This means that you should be prepared to be flexible and open to the possibility of compromise. i. Gather any documents that are relevant to the dispute, such as contracts, correspondence, or financial records. It can be helpful to bring copies of these documents to the mediation for the mediator and the other party to review. ii. Think about what you hope to achieve through the mediation process and what your priorities are. This will help you to focus on the most important issues and to negotiate effectively. iii. Mediation often involves compromise, so it can be helpful to think about what you are willing to give up in order to reach an agreement. iv. Decide whether you want to have a lawyer present at the mediation and provide them with all relevant documents and information in advance.

What is the scope of adjudication in construction?

In the construction industry, adjudication is used to resolve disputes that arise between contractors and clients. Adjudication is typically used to resolve disputes that are relatively small in nature and can be decided upon quickly, such as disputes over payment, delays, or defects in work. The process of adjudication in construction typically involves the appointment of an adjudicator, who is a neutral third party with expertise in the construction industry. The adjudicator will review the dispute and the evidence presented by the parties and issue a binding decision on the matter. It is often used as a means of resolving disputes while construction projects are ongoing, so that work can continue without significant delays.

Difference between lump sum contract and Fixed sum contract ?

1.

Under a lump sum contract, a single 'lump sum' price for all the works is agreed before the works begin. It is defined in the CIOB Code of Estimating Practice as, ‘a fixed price contract where contractors undertake to be responsible for executing the complete contract work for a stated total sum of money.’

What do FIDIC clauses generally include?

FIDIC stands for Fédération Internationale des Ingénieurs – Conseils, which means International Federation of Consulting Engineers. It is an international standard organisation for consulting engineering and construction are best known for the FIDIC family of contract templates. FIDIC is well known for drafting standard forms of contract (“FIDIC Model Contracts”) in the field of consulting engineering industry worldwide and over the years, it has consistently improved its contracts. The main purpose of the FIDIC Model Contracts is to define the contractual relationship between the parties and distribute the risks fairly to the parties. Generally, the FIDIC Model Contracts consist of two parts. Part A is known as General Conditions of the Contract and part B as Particular Conditions of the Contract. The GCC describes allocation and management of risk between the parties and it contains the general terms of the contract like rights and obligations of parties, procedure for payment, certification, dispute resolution, etc. They are published by FIDIC and should not be amended. The PCC defines conditions, which are specific to the project and the place where the project is executed. They are used as an amendment and the purpose of the PCC is to define clauses that are not part of the GCC

Does the ADR process happen before, during or after discovery?

The timing of the alternative dispute resolution (ADR) process in relation to the discovery process can vary depending on the specific circumstances of the case and the preferences of the parties. In some cases, the ADR process may occur before the discovery process begins, in an effort to resolve the dispute before the parties incur the time and expense of discovery. In other cases, the ADR process may be conducted during the discovery process, as the parties may be able to use the information obtained during discovery to inform their negotiations or mediation efforts. In still other cases, the ADR process may be conducted after the discovery process has been completed, as the parties may feel that they have a better understanding of the strengths and weaknesses of their respective cases after completing discovery. Ultimately, the timing of the ADR process in relation to discovery will depend on the specific needs and goals of the parties and the nature of the dispute.

What is the International Court of Arbitration?

The International Court of Arbitration (ICA) is a division of the International Chamber of Commerce (ICC) that is responsible for resolving international disputes through arbitration and other forms of alternative dispute resolution (ADR). The ICA is headquartered in Paris, France and has a network of offices in 90 countries around the world. The ICA is frequently used to resolve disputes involving international commercial contracts, including disputes between states and international investors. The ICA is highly regarded for its expertise and experience in international commercial arbitration, and its decisions are widely respected and recognized around the world.

If a case does not settle at the first mediation session, what do you do?

If a case does not settle at the first mediation session, the mediator may adjourn the session and schedule follow-up sessions as needed. In some cases, it may be necessary to have multiple mediation sessions in order to reach a resolution. There are a few steps that the parties can take if the case does not settle at the first mediation session: i. Reflect on the process. ii. Consider your options. iii. Communicate with the mediator. iv. Be open to compromise.

What does adjudication determination mean?

Adjudication is a workflow process in which two (or more) independent people (or teams) make a determination about diagnoses given certain data and criteria. Each team of adjudicators has access to the same data, but can not see the determinations made by others adjudicators until all determinations are complete.

What do FIDIC clauses generally include?

FIDIC stands for Fédération Internationale des Ingénieurs – Conseils, which means International Federation of Consulting Engineers. It is an international standard organisation for consulting engineering and construction are best known for the FIDIC family of contract templates. FIDIC is well known for drafting standard forms of contract (“FIDIC Model Contracts”) in the field of consulting engineering industry worldwide and over the years, it has consistently improved its contracts. The main purpose of the FIDIC Model Contracts is to define the contractual relationship between the parties and distribute the risks fairly to the parties. Generally, the FIDIC Model Contracts consist of two parts. Part A is known as General Conditions of the Contract and part B as Particular Conditions of the Contract. The GCC describes allocation and management of risk between the parties and it contains the general terms of the contract like rights and obligations of parties, procedure for payment, certification, dispute resolution, etc. They are published by FIDIC and should not be amended. The PCC defines conditions, which are specific to the project and the place where the project is executed. They are used as an amendment and the purpose of the PCC is to define clauses that are not part of the GCC.

What are Industrial Courts?

The elected industrial tribunal is a court of first instance responsible for judging individual disputes related to a work or apprenticeship contract, between employers and employees or apprentices: dismissal, salary dispute, leave, etc. The elected industrial tribunal is made up of non-professional elected judges, its members, who are, in equal numbers, employers and employees. In the event of a tied vote, a professional judge is called in to make the final decision

Can participants use multiple forms of ADR at the same time, e.g. such as being in mediation while also initiating a summary trial?

Yes, it is possible for parties to a dispute to use multiple forms of alternative dispute resolution (ADR) at the same time. For example, the parties may be participating in mediation while also pursuing arbitration or litigation. However, it is important for the parties to carefully consider the implications of using multiple ADR processes at the same time, as it can be confusing and may not be the most efficient or effective way to resolve the dispute.

What are ICC Arbitration Rules?

The ICA administers arbitration and ADR proceedings under the rules of the ICC, which are widely recognized as among the most comprehensive and well-established rules for international commercial dispute resolution. The ICA also provides training and education on arbitration and ADR, and works to promote the use of these methods for resolving international disputes.

What does it mean to withhold adjudication?

A withhold of adjudication is a withholding of conviction. This means that you are not convicted of the offense. However, it will be on your record and would have either been found guilty by a jury or pled guilty or no contest.

What is the Technology and Construction Court (TCC)?

Technology and Construction Court (TCC) is a specialized court in England and Wales that deals with disputes arising in the construction and engineering industries. The TCC is part of the High Court of England and Wales, and it is based in the Royal Courts of Justice in London.

The TCC deals with a wide range of construction and engineering disputes, including disputes related to contracts, professional negligence, delay, defects, and payment. It also hears appeals from decisions made in other courts or tribunals, such as the Housing and Property Chamber of the First-tier Tribunal in Scotland.

The TCC is known for its expertise in construction and engineering matters, and it is often seen as a forum of choice for resolving complex and high-value construction disputes. It is staffed by judges who have experience and expertise in construction and engineering law, and it is known for its efficient and effective resolution of disputes.

What are the advantages and disadvantages of using multiple form of ADR at the same time?

Using multiple ADR processes at the same time may be appropriate in some cases, such as when the parties are pursuing different remedies or when the different processes are being used to address different aspects of the dispute. However, it is important for the parties to communicate with each other and with the neutral third parties involved in the different processes to ensure that there is no duplication of effort or conflicting decisions. Ultimately, whether or not it is appropriate to use multiple ADR processes at the same time will depend on the specific circumstances of the case and the needs and goals of the parties. It may be helpful for the parties to consult with an attorney or other professional to determine the best course of action.

What is a mandatory arbitration clause?

An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. A mandatory arbitration clause is a provision in a contract that requires the parties to submit any disputes arising from the contract to arbitration rather than to the courts.

Can a case be tried in court if ADR fails?

Yes, if alternative dispute resolution (ADR) is not successful in resolving a dispute, the parties may choose to pursue the matter in court. ADR is a voluntary process, and the parties are free to opt out at any time if they do not feel that the process is working for them. If the parties are unable to reach an agreement through ADR, they may decide to pursue the matter through the traditional legal system, such as by filing a lawsuit or bringing the matter before a judge or jury. It is important to note that the outcome of an ADR process is not binding on the parties unless they have agreed to make it so. Therefore, even if the parties participate in ADR and are unable to reach an agreement, they still have the option of pursuing the matter in court if they wish.

What type of agreements can use mandatory arbitration clauses?

Mandatory arbitration clauses are often used in a variety of contexts, including employment contracts, consumer contracts, and other types of business agreements. In some jurisdictions, mandatory arbitration clauses may be subject to certain limitations or may not be enforceable in certain circumstances. It is important for parties to carefully consider the implications of a mandatory arbitration clause before agreeing to it, and to seek legal advice if they have any questions or concerns.

Who is required to attend an ADR session?

The parties to the dispute are generally required to attend an ADR session, as they are the ones who are seeking to resolve the dispute, but may bring legal cousel. Who is required to attend an ADR session will depend on the nature of the dispute and the needs of the parties. It is important for the parties to communicate with each other and with any neutral third parties involved in the ADR process to determine who needs to be present at the ADR session. There may also be other individuals or representatives who are required to attend the ADR session, depending on the specific circumstances of the case. For example, if the dispute involves a workplace conflict, the parties may be required to bring a representative from their respective human resources departments to the ADR session.

What is an international commercial arbitration?

International commercial arbitration (ICA) is a private dispute resolution process in which parties from different countries choose to have their disputes arising out of commercial transactions decided by one or more arbitrators, without the involvement of the courts of a particular country.

Is it possible to add an arbitration clause to your contract after it has been signed?

Yes, it is generally possible to add an arbitration clause to a contract after it has been signed, as long as both parties agree to the amendment. An arbitration clause is a provision in a contract that requires the parties to submit any disputes arising from the contract to arbitration rather than to the courts.

What is an international investment agreement?

An international investment agreement is a type of treaty between countries that addresses issues relevant to cross-border investments, usually for the purpose of protection, promotion and liberalization of such investments.

What is the procedure for adding an arbitration clause to your contract post-execution?

To add an arbitration clause to a contract that has already been signed, the parties can either execute a written amendment to the contract or enter into a separate agreement that incorporates the arbitration clause by reference. The specific steps that the parties will need to take will depend on the laws of the jurisdiction in which the contract was executed and the terms of the contract itself. There can however be implications of adding an arbitration clause to an existing contract, as it may affect rights and obligations under the contract. It is always advised to consult with an attorney or other professional.

What is a bilateral investment treaty?

A bilateral investment treaty (BIT) is a legally binding agreement between two countries that is designed to encourage and protect cross-border investment. BITs typically provide a number of protections for foreign investors, including protection against expropriation, nationalization, and other measures that could adversely affect their investments. BITs may include dispute resolution clauses and generally create stable and predictable legal environment for foreign investment.

When should you get BITs reviewed by a lawyer?

While you can get a BIT reviewed at any time, it is prudent to get BITs reviewed before signing. BITs they have been criticized for giving investors too much power and being used to challenge legitimate government actions, especially in developing countries.

What is investment arbitration?

Investment arbitration or Investor-State Dispute Settlement (ISDS) is a form of ADR used to resolve disputes between investors and states or state-owned entities. Investment treaty arbitration is often included in international investment agreements, which are treaties or other legal instruments that provide protections for foreign investors and encourage cross-border investment. In investment treaty arbitration, an investor who believes that their rights under an investment treaty have been violated can bring a claim against the host state or state-owned entity. The dispute is resolved by an arbitration panel, which is typically made up of three arbitrators who are chosen by the parties or appointed by an arbitration institution. The arbitration panel hears evidence and arguments from both sides and renders a decision to resolve the dispute. Investment treaty arbitration is a voluntary process, and the parties are free to agree to submit their dispute to arbitration or other means.

What is an arbitration panel?

Arbitration panels are composed of one or three arbitrators who are selected by the parties. They read the pleadings filed by the parties, listen to the arguments, study the documentary and/or testimonial evidence from both parties, and render a decision. The panel's decision, called an "award," is final and binding on all the parties. The arbitration panel is responsible for applying the relevant laws and rules to the dispute and for making a fair and impartial decision.

Are arbitration awards binding?

Arbitration awards are the decisions rendered by an arbitrator or arbitration panel in an arbitration proceeding. In most cases, arbitration awards are binding on the parties, meaning that they are required to adhere to the decision and are not able to appeal the award to the courts. However, it is important to note that the enforceability of an arbitration award can depend on the specific terms of the arbitration agreement and the laws of the jurisdiction in which the arbitration took place. In some cases, an arbitration award may be challenged or set aside on certain grounds, such as if the arbitrator or arbitration panel exceeded their authority or if the award is in conflict with the law or public policy of the jurisdiction. Overall, it is important for the parties to an arbitration proceeding to carefully consider the implications of agreeing to arbitration and to seek legal advice if they have any questions or concerns about the enforceability of an arbitration award.

What can you do if you think your arbitrator is unbiased?

Raise the issue with the arbitrator: If you believe that the arbitrator is biased, you should raise the issue with the arbitrator as soon as possible. Explain your concerns and ask the arbitrator to reconsider their position. Request the appointment of a new arbitrator: If your concerns about the arbitrator's impartiality are not addressed, you may be able to request the appointment of a new arbitrator. This will depend on the specific rules and procedures of the arbitration process. Challenge the arbitrator's appointment: If you believe that the arbitrator was not properly appointed or that there was some other issue with the appointment process, you may be able to challenge the arbitrator's appointment. This will depend on the specific rules and procedures of the arbitration process. Appeal the arbitrator's decision: You may be able to appeal the arbitrator's decision if you believe that it was made as a result of bias or other misconduct.

What is an arbitration claim?

An arbitration claim is a request made by one party (the claimant) to an arbitration panel or arbitrator to resolve a dispute through arbitration. An arbitration claim is typically made in writing and sets out the specific grounds for the claim, including the facts of the case and the legal basis for the claim. For an arbitration claim to be valid, it must be made in accordance with the rules and procedures, specified jurisdiction and must be supported by sufficient evidence.

What is your arbitration philosophy?

My arbitration philosophy is to understanding the client’s needs and prioritizing the goals that are in the client’s best interests. I always takes time to understand the specific needs and goals of the client, and develop a strategy that is tailored to achieving those goals. This may involve evaluating the strengths and weaknesses of the case, identifying the key issues to be resolved, and developing a plan for presenting the case in a way that is most likely to be persuasive to the arbitrator or arbitration panel.

What are the most commonly applied rules in International arbitration?

The most commonly applied rules in international arbitration are the rules of the International Chamber of Commerce (ICC). The ICC rules are used in a large number of international arbitration proceedings each year, and are considered to be particularly well-suited for the resolution of disputes involving cross-border commercial contracts. In addition to the ICC rules, other commonly applied rules in international arbitration include the United Nations Commission on International Trade Law (UNCITRAL) Rules, the Swiss Rules of International Arbitration, and the rules of regional arbitration institutions such as the International Centre for Settlement of Investment Disputes (ICSID). The specific rules that will apply to a particular international arbitration proceeding will depend on the specific circumstances of the case and the agreement of the parties.

What are Industrial Courts?

34. What are Industrial Courts? Industrial courts, also known as labor courts or employment courts, are specialized courts or tribunals that are responsible for hearing and resolving disputes involving employment and labor law. Industrial courts typically have jurisdiction over a wide range of employment-related matters, including disputes over wages and benefits, discrimination and harassment, and wrongful termination. Industrial courts are often seen as providing a more specialized and efficient forum for the resolution of employment-related disputes than the general courts.

What type of contracts most commonly apply arbitration clauses?

Arbitration is commonly used to resolve disputes arising from a wide range of contracts, including commercial contracts, employment contracts, construction contracts, and intellectual property licenses.

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