Introduction
The programme “International Commercial Arbitration Strategies for Construction Projects” develops professional practice in Arbitration. It connects the subject with workplace challenges by examining existing evidence and practices and choosing methods appropriate to the organization and its available resources.
The learning progresses from arbitration, dispute resolution, and procedural management to contract drafting and allocation of obligations and risks, with practical work on civil works planning, quality control, and handover, project planning and implementation control, claims, dispute, and evidence management. Participants prepare outputs to support workplace application and review the quality and results of implementation.
Learning objectives
- Analyze an arbitration agreement and organize a dispute file and settlement options in an application related to “International Commercial Arbitration Strategies for Construction Projects”.
- Prepare a civil works plan connecting drawings, quantities, quality, and handover stages.
- Prepare a project plan connecting scope, time, resources, and risks.
- Prepare a documented claim connecting its basis, facts, effects, and supporting documents.
- Draft contractual clauses connecting scope, acceptance, payment, and risk allocation.
Learning areas
1. Arbitration, Dispute Resolution, and Procedural Management
- Read an arbitration agreement and identify its scope, parties, seat, rules, and relevant law, checking matters that require specialist advice.
- Identify the parties' claims, defenses, and disputed issues, and organize a file of facts, documents, witnesses, and required expert evidence.
- Prepare a plan of procedures, deadlines, and responsibilities, and manage the exchange of submissions, confidentiality, and conflicts of interest under applicable rules.
- Simulate a concise presentation of facts, arguments, and evidence, and assess each document's relevance to the issue to be proved or disproved.
- Compare settlement, mediation, arbitration, and post-decision follow-up options, reviewing enforcement and challenge requirements in the relevant legal system. The application examines a case related to “International Commercial Arbitration Strategies for Construction Projects”.
2. Civil Works Planning, Quality Control, and Handover
- Read the scope, drawings, and specifications of a civil works training case, identifying work interfaces, quantities, constraints, and missing information.
- Connect the work sequence to the site, resources, contractors, and schedule, identifying critical activities and required design and coordination reviews.
- Prepare an inspection and testing plan and acceptance criteria for materials and works, referring to the local code, specifications, and specialist engineering review.
- Organize technical inquiries, instructions, changes, and payment applications, preserving execution and inspection evidence while considering the safety effects of modifications.
- Prepare a defects and handover checklist and a final documentation file, and assess conformity, record quality, and the plan for resolving open items.
3. Project Planning and Implementation Control
- Define the project rationale, expected results, stakeholders, and success criteria, and document the scope of work and exclusions.
- Break deliverables into work packages and related activities, and estimate durations, resources, and activity dependencies.
- Prepare a schedule and cost baseline, identify delivery and review milestones, and clarify approval and escalation responsibilities.
- Analyze implementation risks, define responses and warning indicators, and control change requests and their effects on time and cost.
- Build a progress report covering variances, decisions, and lessons learned, and define procedures for accepting deliverables and closing the project.
4. Claims, Dispute, and Evidence Management
- Analyze the event giving rise to the claim, notice requirements, jurisdiction, and deadlines by referring to the contract and applicable law.
- Prepare a chronology connecting correspondence, instructions, and execution records, distinguishing facts, estimates, and allegations.
- Identify the relationship between the event and its time or financial effects, examining alternative explanations and the data needed to establish causation.
- Draft a claim file explaining the request, its basis, supporting documents, and calculation method, and review consistency and weaknesses before submission.
- Compare negotiation, settlement, and escalation routes according to authority, cost, and time, and prepare a register of lessons and measures to prevent recurring disputes.
5. Contract Drafting and Allocation of Obligations and Risks
- Define the contract's purpose, parties, legal capacity, signing authority, and constituent documents, and verify the relevant law and jurisdiction.
- Draft a clear scope, deliverables, acceptance criteria, and delivery schedule, and clarify the relationship between specifications, appendices, and document precedence.
- Review price, payment, change, warranty, and liability terms, connecting obligations to verification methods and evidence that can be retained.
- Define notice, delay, suspension, termination, and dispute resolution mechanisms, checking internal consistency and ensuring clauses do not conflict.
- Prepare a matrix for managing obligations, deadlines, correspondence, and changes, and practice handling a disagreement over scope or acceptance.
Practical outputs
- A dispute procedure map, document file, and settlement options memorandum.
- A works plan, quality checklist, and inquiry and handover register.
- A project charter, implementation schedule, and change and risk tracking register.
- A claim file, chronology, document matrix, and impact analysis.
- Draft contract clauses, an obligations matrix, and a contract review checklist.
Who should attend
- Practitioners, specialists and supervisors whose work relates to the programme subject.
- Managers and teams working in arbitration, according to their practical responsibilities.
- Professionals responsible for applying the outputs of “International Commercial Arbitration Strategies for Construction Projects” within their organizations.
Prerequisites
- Working familiarity with the programme field and the ability to discuss a professional case or challenge.
- Confirm the suitability of your experience and any specialist prerequisites with the Union before participation.
Conclusion
The programme “International Commercial Arbitration Strategies for Construction Projects” brings together concepts, case review and a practical application. Participants prepare steps that can be adapted to their responsibilities and organizational resources, with an indicator to follow application and review results after returning to work.
Participation arrangements and any special requests are specified in the confirmation issued by the Union.