FIDIC Guidelines for National Lists
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.
FIDIC Member Associations are urged to inform the FIDIC Secretariat about their lists and about how they will ensure that the persons listed are suitably qualified.
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. It would generally be expected that an adjudicator listed on a national list would be able to manage and implement a FIDIC contract in English.
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.
It is also to be expected that some form of assessment of preselected candidates for admission to a national list would be organised by the member association. FIDIC is in a position to propose accredited assessors to carry out assessment on behalf of a Member Association.
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.
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 as a minimum a personal interview as part of the prequalification for listing, because much of the success of a DAB is dependent upon interpersonal skills.
As indicated above, it is also to be expected that some form of assessment of preselected candidates for admission to a national list would be organised by the member association. FIDIC is in a position to propose accredited assessors to carry out assessment on behalf of a Member Association.
8. Criteria for admission
FIDIC national Member Associations will decide upon admission criteria. The FIDIC guidelines (based on draft admission criteria for the ACE-UK Adjudicators Panel) can be summarised as follows: - be an employer or a retired employer of a member firm; - possess appropriate academic and/or professional qualifications as an engineer in any of the principal disciplines of engineering, or equivalent professional qualifications; - has at least 10 years' experience as an engineer within a consulting engineering or engineering firm operating within the built and natural environment; - possess detailed knowledge of FIDIC consultant-client agreements and FIDIC works contracts; - possess good interpersonal and communication skills; - is committed to and available as an adjudicator; - has the ability to be partial and objective; - maintains adequate professional indemnity insurance; - has excellent spoken and written language capabilities in the language of the country; - provides evidence of and ongoing commitment to the requirements of a continuing education programme; - selected candidates must attend a Member Association adjudication assessment workshop followed by an interview with the association's dispute resolution committee or similar body.
9. Admission procedures
The procedures for admission to the FIDIC President's List of Approved Dispute Adjudicators prove a good basis for developing admission procedures for a national list. This is illustrated by draft procedures for the ACE-UK Adjudicators Panel PDF.