Christopher Chilton

1. Dispute Board Experience

The following are all examples of dispute adjudication boards listed in my FIDIC President’s List Application updated to July 2015 (items 13 and 14). All values are in USD equivalent.

1. Russia

Government/Private company – military

USD200 million

Silver Book

Chair of three member board

Decisions on disputes related to exchange rates, inflation, price fluctuation

One dispute to Notice of Dissatisfaction, others resolved

On-going involvement

2. Europe

LNG supply contract

USD500 million

Silver Book

Single member board

Decisions on disputes related to terminal construction (failure of subcontractor) and supply contract (award of late supply damages)

Decisions not challenged

On-going involvement including mediation

3. Europe

Supply of aviation assemblies - military

USD100 million

MF1 based provisions

Member of three member board

Client driven delays. Re-negotiation of the supply programme (mediation)

Decision involving delay payments (not challenged)

On-going involvement

4. Europe

Extensive signalling and track infrastructure upgrade

USD800 million

Yellow Book

Member of three member board

On-going involvement

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Christopher Chilton

5. Asia

Design and Build batch manufacturing plant

USD80 million

Red/Harmonised

Chair of three member board

On-going involvement

6. North America

Supply and installation of aerospace test facilities

USD50 million

Yellow Book

Single member board

Decisions on programme and quality issues

Decision on quality issue went to Notice of dissatisfaction – resolved in settlement period

On-going involvement

7. North America

Mining/infrastructure development

USD300 million

Internal conditions (based on IChemE)

Member of three member board

Many potential disputes on information available/not available at time of Tender

Some resolution by ad hoc mediation.

On-going involvement

8. Middle East

Supply and installation of equipment and associated building works

USD450 million

Yellow Book

Chair of three member board

Decisions on disputes related to application of price variation indices and the jurisdiction of the board (correctness of notices)

Three notices of dissatisfaction and one arbitration commenced (later agreed and arbitration halted)

Concluded

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Christopher Chilton

9. Asia

Construction of aviation test facilities

USD180 million

Red Book

Member of three member board

Valuation of variations/certification

Four decisions – none challenged.

Concluded

10. Europe

Construction of infrastructure and PFI schools

USD600 million

PP2000 with DB added

Single member board

No disputes to DAB

Very much considered a first trial

Concluded

11. Europe

Combined Heat and Power plant

USD85 million

Red/Harmonised (construction), client’s own conditions (supply contract)

Single member board

Decisions on delays to supply contract driven by construction delays

Two disputes resolved

Concluded

12. Europe

Food manufacturing

USD30 million

Silver Book with MF1 approval process. Major subcontract based on JCT (Subcontractor joined to disputes)

Single member board

Decisions on conflict between main and subcontract conditions (duration of warranty)

Four disputes, two with Notices of Dissatisfaction

Concluded

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Christopher Chilton

13. Europe

Power Distribution/Construction

USD200 million

Yellow Book

Chair of three member board

Approval of large claims related to delay

Single dispute put to ad hoc Board

Concluded

14. Europe/Russia

Electronics Manufacturing

USD40 million

Yellow Book

Single member board

Single dispute on bonus payments

Single dispute put to ad hoc Board

Concluded

2. Examples of other activities in dispute resolution

Peace mediation body in Switzerland. Worked with and supported Norwegian and Finish mediators in international conflict resolution mediation.

Mental Health. Acted as an advocate under the Mental Health Act (both Scotland, and, England and Wales).

Power Station Construction/pharmaceutical/petrochemical plants UK. Mediated between trades unions and employers to achieve settlements which allowed construction to continue.

3. Early avoidance of disputes

I have worked with many clients in the structuring of contracts to include mediation/arbitration/DB clauses. This has been for the following contracts; FIDIC, ICE, JCT, GCWorks, PP2000, NEC.

In particular I have worked with the UK public sector (local and central Government) to establish by workshops, the practical basis upon which disputes can be resolved should they arise.

In the private sector, I have carried out “potential risk of dispute analysis” in order to identify and mitigate likely areas of dispute at the outset (US – aerospace, UK – PFI/PPP contracts, France – precision engineering).

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