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Avoiding undue claims / advantage Importance of Documentation & Drafting of Arbitration Clauses

Avoiding undue claims / advantage Importance of Documentation & Drafting of Arbitration Clauses. G C Kabi Arbitrator & Former Chief Engineer CPWD gckabi@gmail.com 9830522004. Avoiding undue claims/ advantage. Avoiding ambiguities in contract document

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Avoiding undue claims / advantage Importance of Documentation & Drafting of Arbitration Clauses

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  1. Avoiding undue claims / advantage Importance of Documentation &Drafting of Arbitration Clauses G C Kabi Arbitrator & Former Chief Engineer CPWD gckabi@gmail.com 9830522004

  2. Avoiding undue claims/ advantage • Avoiding ambiguities in contract document • Effective and responsive pre-bid meetings • Proper risk assessment & risk allocation • Timely & Right decision • Enforcing contractual obligations • Right interpretation • Performing reciprocal obligations • Understanding the legal perspective in operation of contracts • Proper documentation • Addressing the issues in time • Documentation • Right attitude

  3. Documentation & Records • Avoid undue claims • Support right claims • Contemporaneous evidence: best evidence • Quantification of claims: damages compensation

  4. Documentation & Records • Delay and disruption protocol Society of Construction Law UK: Para 1.5 • The types of records to be produced and the information to be contained therein • Who is responsible for both producing and checking records • The frequency with which those records are to be updated or produced • The distribution list for those records • The format of those records • The ownership and storage of, and access to, those records

  5. Documentation & Records • Categories of records (SCL Protocol para 1.18 to 1.38) : • Programme records • Progress records • Resource records • Costs records • Correspondence and administration records • Contract and tender documents • Issues related to documentation in Indian scenario

  6. Drafting Arbitration Clause • Why existing standard arbitration clauses require relook • Recent amendments • Avoiding litigation in arbitration • Avoiding pathological clauses • Avoiding void provisions • Dealing with appointment of arbitrators • Default mechanism • Prescribing qualification of arbitrators • Seat vs. Venue of arbitration • Excepted matters! • Award of interest • Fees of arbitrator

  7. Drafting Arbitration Clause • Dealing with international commercial arbitration: essential elements • Law applicable to procedure of arbitration • Governing or proper law of contract • Law governing the arbitration agreement • Capacity • Conflict of laws rules or private international law • Law in India related to international commercial arbitration • Importance of ‘Seat’ in international commercial arbitration • Issues related to enforcement of foreign awards

  8. Thank you

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