Dispute Resolution - Multiple options are available to solve disputes that may arise. We can help in a professional and unprejudicial manner.
Introduction
In the context of Projects performed by EPCs / EPCMs, there are times that the project comes under duress. During these times, the parties come together to define the root causes for the duress, and work to solve the problems.
- The first step, and lest complex and costly, is internal resolution, where the two or more parties meet to determine the resolution. If that should fail, then:
- The second (optional step) is that they may elect to engage the service of a Mediator to listen to the cases and propose a decision. If this should fail, then:
- The third step, which requires more effort and preparation, and thus more costly, would be to seek arbitration. An arbiter is chosen between the parties. The parties perform certain tasks to make their case, and present it to the arbiter, who then proposes a decision. If the decision is unacceptable, then:
- The final step (and most costly) would be to seek litigation in the courts. The Judge and jury will hear the case and make a ruling.
Areas of expertise
- Engineering disputes.
- Claims by and against engineers, architects, surveyors, accountants and other specialised advisors relating to the services they provide.
- Claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered.
- Challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.
Mediation
In the case that internal discussions are not making progress, and before the problems escalate, some consideration should be given to the retention of a third party assessor. We are able and competent to review the factors in dispute between the parties without prejudice. Indeed, if any party should have reason to believe that we are unprejudicial or biased in any way, then it could be grounds to terminate our service. Our primary objective is to seek internal resolution before the matter escalated to arbitration. During this period we would:
In the case that internal resolution fails, our continued service in terms of Mediation or Litigation will be dependent on the Terms of Conditions of the Internal Resolution Process.
- agree to and sign any required confidentiality agreements
- hear the cases of each party and document the series of events that lead up to the dispute
- formulate solutions to remedy the state of affairs where possible. This would include scope of supply, timelines, actionable items and responsible party
- provide responsibility allocations for the remedial actions / supply
- oversee the agreements and acceptance by the parties
- monitor and record the progress of remedial actions
- report on any deficiencies by any party not abiding by the agreed decisions
In the case that internal resolution fails, our continued service in terms of Mediation or Litigation will be dependent on the Terms of Conditions of the Internal Resolution Process.
Arbitration
Arbitration is an alternative to litigation or mediation in order to resolve a dispute. 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, and render a decision.
In this circumstance, we work with the legal team to lay out our case, and to prepare/assemble the documents that will be used during the mediation. It would also include the discovery process, whereby the parties allow each other access to their documents, for the purpose of strengthening their case.
It is essential that the team leader has established a clear and strong framework early in the process, so the teams members have a sound direction to follow.
When selecting participants in the arbitration hearing, it is important that they have strong qualities or knowledge in the disputed case, have expertise in the discipline (Subject Matter Expert, SME), and have the necessary skills in terms of written and oral communications to present the case to the arbitrator.
In this circumstance, we work with the legal team to lay out our case, and to prepare/assemble the documents that will be used during the mediation. It would also include the discovery process, whereby the parties allow each other access to their documents, for the purpose of strengthening their case.
It is essential that the team leader has established a clear and strong framework early in the process, so the teams members have a sound direction to follow.
When selecting participants in the arbitration hearing, it is important that they have strong qualities or knowledge in the disputed case, have expertise in the discipline (Subject Matter Expert, SME), and have the necessary skills in terms of written and oral communications to present the case to the arbitrator.
Litigation
Unlike Arbitration, where the environment is more on a peer-to-peer relationship, contesting in the Courts is a big notch up. This is where it becomes particularly important and neccessary to engage those who not only have the expert knowledge, but also the composure and demeanor to remain calm and collected when the going gets rough.
Contact us to discuss further.
Contact us to discuss further.