1. International Federation of Consulting Engineers Yukinobu Hayashi Association of Japanese Consulting Engineers (AJCE) Nippon Koei Co., Ltd

2. FIDIC MDB Harmonised Construction Contract Conference Creation of National List of Japanese Adjudicators June 2012 Yukinobu Hayashi Association of Japanese Consulting Engineers (AJCE) Adjudicator Committee

3. FIDIC MDB Harmonised Construction Contract Conference Presentation Topics Background Preparation Realization

4. Background 1. Increasing Demand of Adjudicators MDBs started to use FIDIC MDB Harmonized edition in 2005. JICA adopted MDB Harmonized edition for Works contract in 2009. JICA’s other Standard Bidding Documents including Plant works and Small Works also use Dispute Board/adjudicator since 2010. Trend to move from ad-hoc DB to standing DB in design build contract? FIDIC MDB Harmonised Construction Contract Conference

5. Background FIDIC MDB Harmonised Construction Contract Conference JICA Standard Bidding Documents and Dispute Board JICA SBD Version (year) Conditions of Contract Dispute Resolution (First Step) 1Works1.1 (2009) FIDIC MDB harmonized edition Standing Dispute Board 2 Plant Design, Supply and Installation 1.0 (2010) ENAA form Standing Dispute Board 3Small Works 1.0 (2010) MDB originalAdjudicator

6. Background FIDIC MDB Harmonised Construction Contract Conference 2.Insufficient numbers of adjudicator to cope with increasing demand FIDIC President’s List - 47 adjudicators - only one Asian adjudicator (Prof. Toshihiko Omoto) - assessment at about 3 years interval FIDIC encourages its Member Associations (MAs) to establish their own National Lists*. Note : List of Adjudicators established by each FIDIC MA is called National List.

7. Preparation FIDIC MDB Harmonised Construction Contract Conference 1.Good Practice Survey Visit to MAs in Germany (VBI), Poland (SIDir) and Romania (ARIC) VBI National List well prepared training program and assessment process 3-days assessment held annually since 2007 9 listees at present

8. Preparation FIDIC MDB Harmonised Construction Contract Conference 2.Development of JICA Dispute Board Training Kit training kit for candidate of adjudicator designed for 5-days training workshop covers FIDIC Module 3/3A trainer’s version and trainee’s version about 300 pages comprehensive training material

9. Preparation FIDIC MDB Harmonised Construction Contract Conference 3.Internal Arrangement of AJCE Establishment of adjudicator committee Preparation of internal procedural rules 1)Adjudicator Examination and Screening Procedural Rules 2)AJCE Adjudicator Registration Rules

10. Realization Process FIDIC MDB Harmonised Construction Contract Conference 1.Overall Procedure FIDIC Module 1 and 2 Adjudicator Training Workshop (ATW) Adjudicator Assessment Workshop (AAW) Registration Examination of QualificationApplication Establishment of AJCE National List May/2011 Dec/2010 Sep/2010 Oct/2010 Nov/2010

11. Realization Process FIDIC MDB Harmonised Construction Contract Conference ProgramDurationTrainer/Assessor 1Module 1 and 25 days Mr. James Perry Mr. Geoff Smith 2Training Workshop4 days Mr. Gordon Jaynes Mr. Richard Appuhn Prof. Toshihiko Omoto 3Assessment Workshop3 days Mr. Volker Jurowich Dr. Götz-Sebastian Hök Prof. Toshihiko Omoto 2.Trainers/Assessors

12. Realization Process FIDIC MDB Harmonised Construction Contract Conference 3.FIDIC Module 1 and 2

13. Realization Process FIDIC MDB Harmonised Construction Contract Conference 4.Qualification for Assessment 1)Possess appropriate qualification : Professional Engineer, First-class architect, First-Class engineer on construction management, Attorney or other appropriate professional qualifications. (in-house law expert having sufficient experience in FIDIC contract is qualified as well) 2)Possess 10 or more years of working experience in consulting engineering industry or construction industry. However, this shall not apply to an attorney.

14. Realization Process FIDIC MDB Harmonised Construction Contract Conference 3) Possess all of the experience as specified below: (1)International construction works : work experience, consulting services, construction supervision or advice (any one of them is sufficient) (2) FIDIC Contract Documents (3) Dispute resolution

15. Realization Process FIDIC MDB Harmonised Construction Contract Conference 4)Fluent in English and able to compose concise sentences 5)To have complete FIDIC contractual training programs: FIDIC Modules 1 and 2 6) To have completed FIDIC Adjudicator Training workshop: FIDIC Module 3/3A 7) To have an intention to register on AJCE List 8) To be listed on AJCE List and have an intention to accept upon appointment

16. Realization Process FIDIC MDB Harmonised Construction Contract Conference 5.Adjudicator Training Workshop (ATW)

17. Realization Process FIDIC MDB Harmonised Construction Contract Conference 6.Adjudicator Assessment Workshop (AAW)

18. Realization Process FIDIC MDB Harmonised Construction Contract Conference 7. Registration (after passing AAW) Observation of AJCE’s Code of Ethic required Validity of the certificate : 3 years Re-registration: at every 3 years Record of the following career development is required for re-registration adjudicator activities/ practice participate in training program on Adjudicator experience in FIDIC contract practice publication, presentation, articles in related subject others

19. Realization FIDIC MDB Harmonised Construction Contract Conference Open to the public in May 2011 7 adjudicators listed

20. National Lists in the World FIDIC MDB Harmonised Construction Contract Conference Germany (VBI) ListList Hungary (AHCEA) ListList Philippines(CECOPHIL) in formation ContactContact Poland (SIDR) ListList Romania (ARIC): Contact Bogdan OpreaBogdan Oprea South Africa (SCAACE) List CourseListCourse UK (ACE) in formation CourseCourse Japan (AJCE) ListList

21. Photographs FIDIC MDB Harmonised Construction Contract Conference

22. Photographs FIDIC MDB Harmonised Construction Contract Conference

23. International Federation of Consulting Engineers PresidentGeoff French, UK Vice-PresidentPablo Bueno, Spain SecretariatFIDIC World Trade Center 2 Geneva Airport Box 311 CH-1215 Geneva 15 Switzerland Tel: +41 22 799 49 00 Fax: +41 22 799 49 01 fidic@fidic.org www.fidic.org Managing DirectorEnrico Vink