Engineering Arbitration and Dispute Resolution

An international legal expert and consultant in legislation and contracts, he has over 25 years of experience in commercial and administrative law and arbitration. He has participated in preparing and delivering hundreds of training courses across the Arab world and is considered a leading specialist in legal risk management, contract drafting, and contractual dispute resolution.

Developing participants’ skills and familiarizing them with the technical, procedural, and legal rules for practicing arbitration in engineering disputes, starting from choosing arbitration as a means of resolving the engineering dispute until the award is fully enforced, including forming the arbitration panel, drafting the arbitration agreement/contract or important arbitration document, holding sessions, writing and issuing the award, filing annulment claims, and taking enforcement measures in all types of traditional and electronic engineering arbitration. All of this is done in light of the applicable arbitration law/regulations and other international arbitration rules.

To develop participants’ skills and familiarize them with the technical, procedural, and legal rules governing the practice of arbitration in engineering disputes. This includes the process from selecting arbitration as a method for resolving engineering disputes through the full enforcement of the award. The program covers the formation of the arbitral tribunal, drafting the arbitration agreement/terms of reference or arbitration mission document, conducting hearings, drafting and issuing the award, annulment actions, and enforcement procedures in all types of engineering arbitration (traditional and electronic). All of this is presented in light of the applicable arbitration laws/regulations and other international arbitration rules.

• The program addresses several important topics, including the following:

  • Types of engineering arbitration (traditional – electronic – engineering – real estate – institutional – ad hoc).

  • Important terminology (engineering arbitration clause – engineering arbitration submission agreement – engineering arbitration agreement – engineering arbitration document – terms of reference / arbitration mission document).

  • Major disputes subject to engineering arbitration related to contracts and other legal transactions.

  • Obstacles and impediments to engineering arbitration.

  • Formation of the engineering arbitral tribunal (procedures – challenges – solutions).

  • Expertise in drafting correspondence for selecting an arbitrator in ad hoc arbitration.

  • Forms of arbitration clauses and their defects.

  • Drafting arbitration agreements and submissions (issues – consequences).

  • Engineering arbitration (traditional and electronic).

  • Principles of hearing management.

  • Rules and procedures for drafting hearing minutes.

  • Engineering arbitration according to the applicable laws in Kuwait.

  • Engineering arbitration according to UNCITRAL Rules and Paris Rules.

  • Interim and enforcement measures during arbitration proceedings.

  • Reserving the case for judgment and rules governing reopening hearings.

  • Drafting engineering arbitration awards.

  • Types of engineering arbitration awards (national – international – foreign).

  • Types of arbitration awards (final – partial – supplementary – corrective – interpretative).

  • Methods and procedures for challenging arbitration awards.

  • Annulment actions (grounds – procedures – effects).

  • Drafting annulment petitions and defense memoranda.

  • Enforcement of engineering arbitration awards (competent authority – enforcement obstacles – procedures).

  • Partial enforcement of arbitration awards and objections to enforcement.

  • Practical applications and workshops covering all stages and procedures of engineering arbitration.

• By the end of this program, participants are expected to be able to:

  • Quickly identify all types of engineering arbitration, especially its classification into traditional and electronic, institutional and ad hoc.

  • Understand the technical meaning of several key terms used in engineering arbitration processes, including:

    1. Arbitration Clause

    2. Arbitration Submission Agreement

    3. Arbitration Agreement

    4. Arbitration Document

    5. Terms of Reference / Arbitration Mission Document

  • Identify the most common disputes subject to engineering arbitration, whether related to contracts or other legal transactions.

  • Understand the obstacles and impediments to engineering arbitration and their legal implications.

  • Recognize the technical and legal foundations and correct procedures for forming an arbitral tribunal, whether composed of a sole arbitrator or an odd number of arbitrators, including common practical issues and how to resolve or avoid them.

  • Understand the proper technical and legal methods for drafting correspondence used to select arbitrators in ad hoc arbitration.

  • Recognize the different forms of arbitration clauses, possible defects, and their impact on the arbitration process.

  • Understand the technical, linguistic, legal, and terminological principles involved in drafting arbitration agreements and submissions, including common issues and their consequences.

  • Distinguish between traditional and electronic engineering arbitration.

  • Learn the principles of managing arbitration hearings (technically and legally).

  • Learn the rules and procedures for drafting hearing minutes.

  • Understand engineering arbitration procedures according to the applicable laws in Kuwait.

  • Learn about engineering arbitration under UNCITRAL Rules and Paris Rules.

  • Understand interim and enforcement measures that may be taken during arbitration proceedings and their limits.

  • Understand the concept of reserving a case for judgment and the rules governing reopening hearings.

  • Learn the technical, legal, linguistic, and terminological aspects of drafting arbitration awards.

  • Understand the different types of arbitration awards (national, international, and foreign) and their implications.

  • Identify the types of arbitration awards (final, partial, supplementary, corrective, interpretative) and their legal effects.

  • Understand the available methods for challenging arbitration awards in different jurisdictions.

  • Understand arbitration annulment actions, including grounds, procedures, and legal consequences.

  • Learn the proper legal methods for drafting annulment petitions and defense memoranda.

  • Understand the enforcement of arbitration awards, including competent authorities, possible obstacles, and enforcement procedures.

  • Understand cases of partial enforcement of arbitration awards and procedures for objections to enforcement.

  • Review numerous practical applications and intensive workshops covering all stages and procedures of engineering arbitration.

• • • Workshops

    • Guided discussions

    • Open discussions

    • Lectures

    • Role-playing

    • Case studies

    • Practical exercises

    Training tools:
    Computers, presentation equipment, whiteboards, papers, and pens.