Aniket Thakur’s Post

🎓 Today, I had the opportunity to attend a webinar organized by the International Centre for Dispute Resolution® (ICDR) (ICDR Young & International)& American Bar Association , titled "The arbitrator’s perspective: case management techniques for presenting construction claims effectively and efficiently." 💡 It was an incredibly enriching experience where arbitration practitioners shared their best practices for presenting complex claims in construction cases, including: 🔍 Managing technical evidence and experts. 🎯 Aligning case themes with the expectations of arbitral tribunals. ⏳ Handling delay claims, cost overruns, and contractual variations. 🌍 This webinar enhanced my knowledge in managing disputes within arbitration and gave me a deeper understanding of effective presentation techniques before international arbitral tribunals. 🙏 Many thanks to the ICDR and the speakers for this valuable opportunity! I look forward to applying these lessons in my upcoming projects. 🚀 #Arbitration #ConstructionLaw #DisputeResolution #ICDR #ProfessionalDevelopment

Simplified Knowledge 031 Alternative Dispute Resolution Arbitration    It is a process for resolving disputes in which both sides agree to be bound by the decision of a third party, the arbitrator. If court proceedings are begun by one party they will normally be stayed on the application of the other party relying on the existence of an arbitration clause. The agreement to arbitrate should be in writing. It can take the form of a clause within the original contract, or can be made after a dispute has arisen. It is possible, as long as all parties agree. To amend an arbitration agreement at any stage so that it serves the needs of the parties better. The Arbitration Act gives the widest discretion to the parties to decide between themselves how their dispute is to be resolved, but provides a fallback position if agreement cannot be reached. Like litigation and adjudication, arbitration is an adversarial process. The grounds for appeal are limited. #Simplifiedknowledge #disputeresolution #contractmanagement #contractpractice #projectmanagment #commercialmanagement

A well-drafted dispute resolution clause is essential to ensure smooth project operations and mitigate potential conflicts. Here are some key features to consider when drafting one: 1️⃣ Clearly define the types of disputes covered and the process for resolution. 2️⃣ Consider incorporating methods such as negotiation, mediation, arbitration, or litigation (dependant on jurisdiction) based on the complexity and size of the project for efficient resolution. 3️⃣ Establish clear timelines for each step of the dispute resolution process to prevent delays and ensure a swift resolution (ensure reasonableness is applied). 4️⃣ Include provisions for neutral mediators or arbitrators that can help facilitate fair and unbiased resolution of disputes. 5️⃣ Protect sensitive information by including clauses that ensure confidentiality throughout the dispute resolution process and post any determinations. #ConstructionLaw #DisputeResolution #ContractManagement #ADR #ConstructionIndustry #LegalInsights Have you been involved in any noteworthy dispute resolution processes? What’s your key takeaways?

Construction contracts are complex and require perfect professional management allover – from the early times of their negotiations to the end of the project and the resolution of the very last dispute   to bring it to a good end…. ❓ Professional management starts within each contractor’s team, before a project comes into sight: 💡 Analysing risks and dynamics of that industry to set up a multi-faces approach for dispute avoidance and agile dispute management ❓ What is the perfect dispute resolution clause for the contract 💡 Dispute boards, adjudication, mediation, arbitration, litigation, or even a combination of it in multi-tier dispute resolution clauses   and once the perfect forum fitting to the fuzz has been found, how to manage and structure digestible and efficient proceedings. Ulrike Gantenberg discussed Core avoidance and resolution concepts in Construction Disputes in the Chartered Institute of Arbitrators (CIArb) Event with Aleksander Kalisz, Dr Laura Lintott FCIArb, Yue ZHAO, and Joseph Otoo. It does not only boil down to having an active arbitral tribunal, using case management and settlement techniques including early determination The tasks start much earlier to set up the proper team and to structure projects. We at Gantenberg Dispute Experts are convinced, that it is never too late to change and improve any dispute (resolution (concept)). Ulrike Gantenberg, Hanna SHALBANAVA, Céline Brune, Eva-Maria Meddeb, and Hanif Heinlein. #ConstructionDisputes #DisputeResolution #CiarbFellows  

Elevate Your Legal Strategy with LCB’s Expert Witness Services ⚖ As a leader in the construction industry, LCB provides top-tier expert witness services that are crucial for navigating complex legal disputes and arbitrations. What We Offer: - Independent Reports: We prepare comprehensive, unbiased reports for arbitrations and litigation, ensuring clarity and reliability in your legal proceedings. - Courtroom Testimony: Our experts are skilled in providing effective testimony under cross-examination, offering critical insights and evidence. 🔹 Why Choose LCB? With over 25 years of experience, we have an impressive track record of assisting major construction companies. Our team is dedicated to delivering expert advice and managing arbitration, adjudication, and mediation processes with precision. Our services include: - Delay and Disruption Analysis - Quantum Analysis: Covering delay costs, variations, disruption costs, and overall project costs - Strategic Project Management Issues 🔗 ENQUIRE NOW to see how we can assist with your expert witness needs and ensure a successful outcome for your project. https://www.lcb.ie/contact 📧 thais@lcb.ie #ExpertWitness #ConstructionLaw #Arbitration #LegalServices #ProjectManagement #LCBProjectManagement

Unsure of the Best Dispute Resolution Method for Your Project? ️ RICS APC Candidates! Negotiation, mediation, arbitration, adjudication... navigating dispute resolution options can be tricky. At APC Revision, we've got you covered. Our article gives a quick overview of the key differences between these methods: o Level of Formality: Negotiation is most informal, while adjudication is most formal (think court hearings). o Third-Party Role: Negotiation involves none, while arbitration has a party issuing a binding decision. o Control Over Outcome: Negotiation offers the most control, while arbitration gives the least. o Time & Cost: Negotiation can be quick and cheap, while arbitration is more expensive and time-consuming. o Confidentiality: Negotiation can be confidential, while adjudication decisions might be public. o Suitability: Negotiation suits minor disagreements, while adjudication is for construction disputes. o Choosing the right method is key! Our website (link in bio) has in-depth resources to help you navigate dispute resolution for your APC and future career. #RICSAPC #RICS #DisputeResolution #Construction #CharteredSurveyor #MRICS #Revision #Success

In the A v B [2020] EWHC 809 (TCC) case, the High Court tackled the issue of conflicts of interest for expert witnesses. The case involved a consultancy firm that was acting as an expert witness for one party in arbitration proceedings, while also being approached to act for another party in a separate but related arbitration. This situation created a conflict of interest, leading to an injunction request. The court ruled that the expert owed a fiduciary duty of loyalty to their original client. Even though expert witnesses have a duty to the court, they also have a responsibility to avoid any conflicts of interest with their clients. The ruling emphasised the importance of transparent conflict-checking processes, especially for multi-disciplinary firms. This case is a reminder that managing potential conflicts early on is critical, particularly for firms working across multiple jurisdictions. Ensuring that no overlap exists between roles is essential for maintaining integrity in arbitration and dispute resolution. #ConstructionManagement #ExpertWitness #DelayAnalysis #ProjectManagement #ContractManagement #FiduciaryDuty #ConflictOfInterest #Arbitration #ConstructionLaw #PlanetalLimited

𝐂𝐨𝐬𝐭 𝐀𝐥𝐥𝐨𝐜𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 - 𝐀𝐧 𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭 𝐂𝐨𝐧𝐬𝐢𝐝𝐞𝐫𝐚𝐭𝐢𝐨𝐧 Arbitration can be an effective way to resolve disputes, but how the costs are allocated can have a major impact on the outcome. There are generally three main approaches to dividing up arbitration costs between the parties: 1. Loser Pays All - The losing party bears all the arbitration costs. This creates risk as the costs can be substantial if you lose. 2. Cost Splitting - The arbitrator divides the costs evenly or based on certain allocation methods. This reduces risk but you still bear part of the expense even if successful. 3. Cost Shifting - The arbitrator has discretion to allocate costs based on the relative success/failure of claims and defenses. The way costs are allocated can influence everything from the willingness to pursue arbitration, the arguments made, settlement incentives, and the ultimate result. Parties should understand the applicable rules and laws on cost allocation in their jurisdiction and factor that into their overall arbitration strategy and risk assessment. Specific cost allocation provisions can also be negotiated and included in arbitration clauses and agreements. Establishing expectations upfront removes uncertainty and aligns incentives, even if limiting flexibility. #arbitration #disputeresolution #conflictresolution #arbitrationrules #arbitrationprocess #arbitrationstrategy #arbitrationcost #costallocation #loserpays #costsplitting #costshifting #arbitrationclauses #arbitrationagreements #arbitrationcosts #legalfees #litigationalternatives #mediation #negotiation #disputemanagement #contractdisputes #businessdisputes #riskmanagement

Understanding the Power of Contracts and Agreements Contracts and agreements serve distinct purposes, clearly outlining the rights and responsibilities of all parties involved. These legal documents obligate both parties to comply with their duties, adhering to relevant state laws. However, it's crucial to recognize that state statutes play a vital role in formulating and regulating contract drafts, safeguarding rights and ensuring future compliance. Although Alternative Dispute Resolution (ADR) mechanisms, such as mediation, arbitration, and negotiation, can significantly streamline contract management by providing efficient and cost-effective ways to resolve conflicts, disputes can still occur due to various factors like miscommunication, changing circumstances, or unforeseen events. If left unaddressed, these disputes can escalate and potentially lead to contract breakdowns, resulting in costly litigation, damaged relationships, and reputational harm. Therefore, it's crucial to have robust dispute resolution clauses and processes in place to mitigate risks and ensure that contracts remain enforceable and effective. To ensure safe and long-lasting contracts and agreements, it's essential to carefully craft Clauses and Articles in the Deeds. By doing so, we can mitigate risks and foster successful partnerships. #contractmanagement #agreements #adr #disputeresolution #businesspartnerships #riskmanagement

In light of my new role I wanted to discuss Alternative Dispute Resolution (ADR). For anyone that works in commercial, legal and governance areas of the industry I believe it’s important to have delivery and back end experience in projects. Having all round experience allows you to review contracts and conduct negotiations with a better understanding of what can and what does go wrong on projects. To that point, methods such as mediation, arbitration and adjudication provide valuable mechanisms to resolve disputes outside of the courtroom, saving time, costs, and relationships (hopefully🫣). Including an ADR mechanism in your construction contract (and following it💯) is crucial for various reasons. It allows parties to resolve conflicts in a more collaborative and timely manner, reducing the risks of costly litigation and project delays. Moreover, ADR processes are often more flexible, confidential(🤫) and tailored to the specific needs of the parties involved. By incorporating ADR clauses in your construction contracts, you are not only preparing for potential disputes but also demonstrating a commitment to fair and efficient conflict resolution. It sets a positive tone for project relationships and can help maintain trust and collaboration among stakeholders. #ADR #constructioncontracts #AlternativeDisputeResolution #ConstructionContracts #ADR #ConflictResolution #constructionindustry