Fidic Pakistan

[Roxanna Bornemann]

AFIDIC Certified Contract Manager is a senior-level professional capable of demonstrating knowledge of, and an ability to apply and manage the provisions of the following FIDIC publications related to the management of contracts during its project lifecycle:

As a FIDIC Certified Contract Manager, the individual also has basic understanding and awareness of all other FIDIC Body of Knowledge (FBOK) documents, as described on the FIDIC website (www.fidic.org) and in particular, the FIDIC Procurement Procedure Guide (1st edition 2011).

The FIDIC Certified Contract Manager certification is an internationally recognised qualification and a must-have for all professionals working in FIDIC contract management who wish to validate their skillsets as regards sub-clauses mechanisms, the analysis, management and delivery of projects which use FIDIC forms of contract.

Details of the application requirements, assessment, fees, and available dates are available in the relevant sections beneath the flowchart. They summarise the general application process and the steps needed to qualify for the FCL certification exams.

If the application period is not open when you view this page, inform us of your interest in this certification programme, by filling out the Expression of Interest (EOI) form and you will be notified when the next application period opens.

The certification is valid for three (3) years from the date of issue. To maintain the validity of the credentials for this 3-year term, certificate holders will need to follow a specific yearly monitoring procedure. Failure to meet the yearly monitoring requirements will result in the credentials being suspended and/or withdrawn before their expiration date.

One of the key perceived advantages of FIDIC forms of contract is that contracting parties are generally familiar with their standardized terms and value the legal certainty which their anticipated uniform application across jurisdictions offers. With respect to the DAB mechanism in particular, it is generally considered by market players as a success story in terms of promoting the efficient and cost effective resolution of disputes.

Nonetheless, a recent ICC award, the fourth of a series of ICC awards preceded by six DAB decisions during a 10-year old dispute regarding an infrastructure project in Romania, could cast doubts on the efficacy of the FIDIC DAB mechanism. This case also comes as a useful reminder that the effect of the governing law of the contract should not be underestimated, even in the FIDIC standardized contractual context.

Perhaps more importantly, though, the fact that the Parties had to go through numerous dispute resolution proceedings, whereby practically none of the six DAB decisions issued were complied with voluntarily by the Parties, raises the broader policy question whether the FIDIC DAB procedure remains an effective tool for the timely and cost-effective resolution of construction disputes.

The original Time for the Completion was in May 2007. During the Project Implementation various disputes arose between the Parties, including those in relation to delays in the execution of Works. The Contractor initiated the first ICC arbitration, claiming EOT and additional cost, in 2006, at a time when the Works were still in progress and no DAB was yet in place. The Parties later decided to suspend the first ICC arbitration proceedings and agreed to set up the DAB.

Other than the case specific lessons learned, this case raises concerns regarding the effectiveness of the FIDIC DAB procedure and its interplay with arbitration. Although the DAB decisions were swiftly issued at a relatively low cost, practically none of them was complied with voluntarily by the Parties. In fact, one of the Parties sought and partially succeeded in arbitration, invoking applicable law provisions, to essentially revise a final and binding DAB decision several years after the issue in dispute first arose. The lack of time limit under FIDIC for bringing claims to arbitration following a DAB decision undermines the effectiveness and finality of the DAB process, resulting in time and cost inefficiencies, and may need to be revisited.

The FIDIC forms of contract are and will undoubtedly continue to be a very useful tool for parties of different nationalities seeking a familiar and business friendly contractual environment regulating construction projects. One of the most favorably commented aspect of FIDIC contracts relates to its dispute settlement process through the DAB. Far from negating the efficiency of this dispute resolution tool, this recent ICC award is a useful case study shedding light on legal issues typically encountered in this context and provides food for thought regarding ways of potentially enhancing the existing FIDIC dispute resolution mechanism.

The decision seems to be well reasoned. The limits and validity of liquidated damages clauses including those for delay is certainly a legal issue outside the scope of a DB decision that merely rules on the application of the liquidated damages formula. It seems to be an issue of the potential nullity or non-application of a liquidated damages clause that can only be found by the arbitral tribunal.

I am not sure about your remarks that legal matters are outside the duties of dab as in fidic contracts it is say in fidic epc 1999 it is clear that contractor has to firm up that He is following the local law in general conditions and hence this restriction is not workable if parties are to follow local law

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