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

Learn about avoiding undue claims and gaining an advantage through effective documentation and drafting of arbitration clauses. Explore the essential elements and recent amendments in arbitration clauses to prevent disputes and ensure proper enforcement of contractual obligations.

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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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