ACES, as a permanent member of the International FIDIC, its main goal is to represent the interests of FIDIC in the Republic of Serbia.
In recent years, since its founding in 2009 until today, ACES recognized a problem in the proper use of recommendations and principles stipulated releases FIDIC 1999 contract models, especially in Clause 20, which refers to CLAIMS, DISPUTES and ARBITRATION. Although the large number of contracts per FIDIC 1999 contract models implemented or is in the course of realization of the mentioned period, it was not notarized nor a request for the establishment of the Committee for the Resolution of Disputes (DAB – Dispute Adjudication Board), whose engagement is strongly recommended under the FIDIC 1999 contract models.
The establishment of national PRO lists, users FIDIC contract models will be able to choose from a list of suggested members to work in DAB, according to all that is provided for the release of FIDIC 1999 contract models.
Disputes can arise from several sources under the Agreement. Identification and classification disputes define Sub-clauses 20.2 to 20.8. and is activated by turning in the Contract through precise descriptions in the Special Conditions, which allows all Contracting Parties to discuss any issue in dispute, in the first case, the Committee for the Resolution of Disputes (DAB) which may be composed of one or three persons.
The various Sub-clauses under Clause 20 defines the determination of the Board for the resolution of disputes and its functions. Decisions taken by the Committee for resolving disputes are binding on the parties unless a party does not file an objection within 28 days of the decision, in which case the parties will first try resolve the problem in friendly manner, in case of failure of the Contracting Parties shall pay the arbitration body, specified in the Agreement.
For the foregoing reasons, the Board of Directors ACES decided to set up a national list of experts PRO ACES modeled on the “President’s” list of FIDIC, and from practices.
In order to cover wider range of service provision Board of Directors ACES has decided that, in addition to the list of recommended Adjudicators that will be selected for DAB – the Committee for resolution of disputes includes additional categories of professionals dealing with compensation claims and consultations in various fields.
In this regard, the national PRO lists of experts identified the following categories of professionals:
• Experts technical disciplines
• Lawyers
• Adjudicators
This Regulation defines:
• The formation of the Committee for the admission of candidates to the PRO list
• The classification of experts by category PRO list
• Conditionality and criteria for the selection of candidates for admission to the PRO list
• The rights and obligations of experts who are on the PRO list.
We believe the application of this regulation will improve operations, service quality and speed up the implementation of projects that are contracted by FIDIC contract models, and through practice and exchange of experiences our members can better achieve set goals.
ACES Rules for PRO List and the application form can be downloaded here:
