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National Lists of Approved
Adjudicators
FIDIC encourages the formation of national lists of dispute adjudicators
by national Member Associations. FIDIC sent a Letter to national Member Associations in December 2002 that
outlined how national lists would be set up and maintained.
The text of this letter is reproduced below. The Guidelines are published each
year in the FIDIC Info booklet.
FIDIC stopped maintaining its own lists of Arbitrators and Mediator/Experts
in 1999, and the only the FIDIC President's List of Approved Adjudicators is now
maintained. Information and links to lists are available at FIDIC.org/dab
for Approved Adjudicators and at FIDIC.org/experts
for Arbitrators and Mediator/Experts Lists, the latter pending the creation of
national lists.
FIDIC has been glad to note that some Member Associations have established, or plan to establish,
national lists of adjudicators, arbitrators, mediators and experts. Such lists are very helpful
for people seeking dispute resolution services from both inside and outside a
country. FIDIC encourages the development, especially the creation of lists of persons suitable for
serving on a Dispute Adjudication Board (DAB) established under a contract using
FIDIC Conditions of Contract that call for a DAB. Except in the case of the President's List of Adjudicators, FIDIC will refer any request for adjudicators,
arbitrators and mediators/experts to a national list. Interested parties would have to make their own choice from the persons listed, based on the information provided. Neither FIDIC nor
a Member Association will recommend or suggest any particular person from those listed. An overview of national lists available, with links
if they are available, will be maintained on the FIDIC website under FIDIC.org/lists.
Associations are kindly asked to inform the FIDIC Secretariat about their lists
and about how they will ensure that the persons listed are suitably qualified. Guidelines
for creating national lists based upon FIDIC's experience are summarised below, in the hope that they will
help Member Associations establish lists which are intended for international use. FIDIC Guidelines for National Lists 1. Referrals
Except in the case of the President's List of Adjudicators, FIDIC will refer any request for adjudicators or experts to
a national list. Interested parties would have to make their own choice from the persons listed, based on the information provided. Neither FIDIC nor
the Member Association should recommend or suggest any particular person. Visitors to the FIDIC website
will be provided with links to national lists, or an indication where to
obtain list in the case of associations without a websites. Associations are
urged to inform the FIDIC Secretariat about their lists, and about how they
will en sure that the persons listed are suitably qualified.
2. Languages
A Member Association will generally aim to establish its list or lists and other
information on its website in the language or languages of the country. FIDIC recommends that for the convenience of
international users, national lists and the information they would contain (including CVs, etc.) should also be available in the English language.
3. Information
The utility of a national list will depend upon the amount of information provided about each
person listed. Those listed should be encouraged to provide curriculum vitae which are kept
current, provide a generous amount of information about the listee's relevant
experience, be easily available to anyone consulting a national list, preferably by a web
link. CVs should give details of a person's education, training, professional
qualifications, language skills, and publications, with details of relevant practical experience, including brief indications of representative projects.
4. Quality control
Users of national lists will expect that the persons listed are all highly qualified, and that their qualifications are fully and truthfully presented in the
lists and in accompanying CVs and information. Associations should therefore establish a suitable form of quality control for
lists. This should include an assessment system for applications for listing. As
a minimum, the assessment should require documented proof of claimed
qualifications and publications, references from member firms in support of the application, supplemented where feasible, by
a personal interview of the applicant by the persons designated by the
association to decide upon applications for listing. The association should establish a system to avoid continued listing of persons who are no longer available for
assignments. In this respect, a requirement for some form of communication from the listee at suitable intervals may be useful, especially if it is accompanied by an updating of the listee's CV, including references of recent assignments.
5. Disclaimer
Member Associations are advised to make clear on their lists that users should make direct contact with any listee, and form a personal assessment of the listee's suitability for the prospective
assignment. While a national list is intended to be of assistance to a
wide range of potential users, an association cannot accept responsibility or liability in respect of services by
a listee. Legal advice on suitable wording is recommended.
6. Types of Lists
FIDIC recommends that persons available for service on Dispute Adjudication Boards established under FIDIC contracts
are placed on a separate List of Adjudicators for FIDIC contracts (see Section
7). This is not only for the convenience of users but also because the requirements for a DAB member are quite specific and partly different from those for other
forms of dispute resolution. However, FIDIC does not object if other experts, arbitrators, mediators, etc., are grouped in
a single list. Unless the number listed is large, FIDIC recommends against grouping
the members of a list based upon say years of experience, field of experience, or professional
qualifications. A user's interests in these aspects can best be met by the requirements
that suitably detailed CVs of listees in a standard format are supplied and
made available
7. National Lists of Adjudicators
The recommendations for national lists covering various forms of dispute
resolution also apply to national lists of adjudicators. In addition, FIDIC recommends that any listing of
adjudicators for serving on a DAB under a FIDIC contract require that applicants have specific training in adjudication under FIDIC DAB rules before
listing. Second, further training and testing on any substantial future revisions to the FIDIC Conditions
of Contract may be required if a person is to be retained on an adjudicators'
list. FIDIC also recommends that the association requires a personal interview as part of the prequalification for listing, because much of the success of
a DAB is dependent upon interpersonal skills.
FIDIC Secretariat, Geneva, December 2002
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