FIDIC Adjudicator Details

International Client Manager

Roberto  Hernandez-Garcia

  Country of residence: Mexico

  Citizenship: Mexico

  www.disputeboardyarbitroenconstruccion.com

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Countries with experience

Other countries with experience:

Global regions

  • Latin America

Languages spoken

  • English
  • Italian
  • Spanish

Construction contract experience

  • Construction Contract, 1st Ed (1999 Red Book)
  • Construction Contract, MDB Harmonised Ed, June 2010
  • Plant & Design-Build Contract, 1st Ed (1999 Yellow Book)
  • Conditions of Contract for Underground Works (2019 Emerald book)

Consultancy contract experience

  • Client-Consultant Agreement (White Book), 4th Ed 2006

Specialist contract experience

  • Dredgers Contract 2nd Ed 2016 (2016 BLUE-GREEN BOOK) ed.1999

CV - Services offered

  • Arbitration
  • Adjudication
  • Mediation
  • Conciliation
  • Facilitator
  • Independent expert
  • Expert witness
  • Councillor

Technical expertise

  • Airports - air-side
  • Airports - terminals and support
  • Airports - other
  • Building - domestic
  • Building - commercial
  • Building - industrial
  • Building services - water
  • Civil Engineering - Tunnelling and piling
  • Civil Engineering - other
  • Construction law
  • Energy & Power - Nuclear Fuel Systems
  • Energy & Power - Hydro Systems
  • Energy & Power - Wind Wave & Tidal Systems
  • Energy & Power - other
  • Infrastructure, Railways, Bridges
  • Metro railway and stations
  • Road and highways - Planning, Layout and Design
  • Road and highways - bridges and car parks
  • Road and highways - other
  • Rail - Hardware and Software, Control and Monitoring Systems, Equipment and Drives
  • Rail - High Speed rail
  • Rail - Infrastructure Engineering and Maintenance
  • Rail - other
  • Water - drainage and sewerage
  • Water - Water Supply
  • Water - Water Treatment
  • Waster Water - treatment/distribution
  • Other Olympic
  • Claims and variations

  • Extension of time
  • Project scheduling
  • Defects

Short summary experiences

For almost 15 years, i have been involved in Dispute Boards in Latin America. I started in Honduras on the Millenium Challenge Account higway and bridges projects using the Fidic Red Book. Later on i worked on the Fomilenio I and II highway and bridges projects in El Salvador with Red and Yellow Books. These were relevant projects due to their social impact. My third general experience relates to two of the most important sport facilities of the Lima 2019 Panamerican and Para panamerican Games, One of them was the VIDENA project which was the main stadium of those games. This experience provided me a new vision of construction projects of a very specific nature. These projects used NEC contracts. Another experience was an ad-hoc dispute board for a relevant wind farm project in the North of Mexico under ICC Rules. This was a private project that involved approximately the decision of 40 claims among the parties with a bespoke contract. In 2021 I was appointed in Peru as dispute board for the Authority for the Reconstruction for Changes programs in 4 Dispute Boards in connection with schools and hospitals using NEC contracts. This is a very nice program in order to achieve success of social facilities in the Andean Country. I also act as Dispute Board for an important infrastructure project in El Salvador under the Red FIDIC Contract. My last appointment has been in connection with a airport Mega project in Peru. My broad experience has allowed me to act as sole dispute board, wing member and chair, so i understand all the positions. I have also worked with bespoke contracts, FIDIC contracts and NEC contracts. I´m a believer of avoiding disputes by conversation and collaboration of the parties through the help of the Dispute Board, and i recognize the use of informal assistance and issuance of decisions when needed.

Position and experience

Acredited mediator: No
Acredited arbitrator: Yes

Employment status:
Present position: COMAD, S.C. Director Partner
Previous positions:

Experience

  • Dispute Board in Honduras for several Millenium Challenge Account projects.
  • Dispute Board in Honduras for several Invest-H construction projects.
  • Dispute Board in El Salvador for several Millenium Challenge Account projects.
  • Dispute Board in Peru for several construction projects for the Lima 2019 Panamerican Games.
  • Dispute Board in Peru for several construction projects for the ARCC program.
  • Dispute Board in El Salvador for construction project for the Ministry of Public Works
  • Dispute Board in Mexico for a wind farm project under ICC rules.
  • Appointed and confirmed by the ICC in dispute boards in Mexico

Affiliations/Memberships

  • International Academy of Construction Lawyers (Fellow)
  • American College of Construction Lawyers (Fellow)
  • Mexican Chamber of Consulting Engineers (Member of the Board)
  • International Chamber of Commerce (Mexico) (Member of the Executive Board)
  • Mexican Civil Engineers Association (General CounseL Ad Honorem)
  • Interamerican Federation of Construction Chambers (FIIC). Integrity and anticorruption counselor
  • Club Español de Arbitraje. Dispute Board Section.

Panel listings

  • ICDR - Admitted in the Roaster.
  • Arbitration Center - Universidad Pontificia Catolica de Peru
  • American Chamber of Commerce - Lima Peru
  • Centro de Arbitraje de Panamá - Centro de Arbitraje de Costa Rica.
  • Centro de Arbitraje de El Salvador

Qualifications, jurisdiction and discipline

  • Law Degree - Universidad Panamericana - Mexico City
  • Master in Laws - Universidad Panamericana - Mexico City
  • Diploma in International Arbitration - ICC Mexico.
  • FIDIC training Program - King´s College - London.
  • Author of diverse books on construction law and dispute resolution.
  • Professor of Dispute Boards of the Arbitration Diploma in ICC México
  • Professor of Dispute Boards in the Dispute Boards Seminar at the PUCP in Peru
  • Case by Case Consultant and trainer of the Interamerican Development Bank.
  • Senior legal counsel of UNOPS.