19 Nov 17

Dispute Resolution and Construction Contracts in Egypt

Cairo, Egypt, • English

Co-organized by the International Court of Arbitration and the Society of Construction Law-Egypt, this two-day annual conference will focus on new developments in the field of construction law and disputes internationally and in Egypt.

Description

This conference will cover construction law, construction claims and claim management under FIDIC and other contracts; and ICC arbitration, Dispute Boards and mediation The conference will also  address the latest SCL Delay and Disruption Protocol (2017) and ICC Expedited Procedure Provisions and other updates to the ICC Rules of Arbitration.

Drawing on the experience of renowned arbitration and ADR practitioners in a multicultural and international environment, the conference will include a mock ICC construction DAB case that will provide an in-depth understanding of the ICC Dispute Board Rules.

Who should attend?

This programme will benefit practicing lawyers, arbitrators, magistrates, engineers, planners, academics, corporate counsels and LL.M. students.

Programme

DAY 1 – Sunday 19th November 2017
8:30 – 09:00Registration
9:00 – 09:10Welcome Remarks
9:10 – 09:30Keynote speech
09:30 – 10:45Session 1: SCL 2017 updated Delay and Disruption Protocol

·         The Great Debate on “Whether the updated version is a revolutionary change in the delay analysis methodologies or just the same thing in a different way!”

10:45 – 11:15Coffee Break
11:15 – 12:45Session 2: Liability Issues in Construction Disputes

·         Global Claims and Liquidated Damages

·         Limitation Periods and Waivers of Right

·         Exceptional Circumstances and Force Majeure in Construction Contracts: New Developments?

·         Third Party Liability: Guarantors, Subcontractors, Suppliers, Agents, Funders, and/or Insurers

12:45 – 14:00Lunch Break
14:00 – 14:30Session 3: The presentation on The New ICC Expedited Procedure Provisions (“EPP”)
14:30 – 16:00Session 4: Interim Measures and Emergency Arbitration proceedings (“EA proceedings”) in construction disputes

·         Salient issues in ICC EA proceedings in construction disputes (including compatibility of DAB clauses with EA proceedings; urgency and other requirements applied in the context of requests for injunctions preventing the calling of performance bonds)

·         Interim measures granted by ICC arbitral tribunals and national courts in relation to ICC arbitrations: comparing counsel, arbitrator and national judge perspectives

16:00Closing remarks
DAY 2 – Monday 20th November 2017
9:00 – 10:30Session 1: Contractors and Employers sharing experience on how the market dealt with the currency flotation and delays due to the economy unrest

·         Contractor’s tactics in making claims and recovering their losses

·         Employer’s strategies in sharing the risks and keep the ship sailing

10:30 – 11:00Coffee break
11:00- 12:30Session 2: The New Egyptian Investment Law and its influence on the construction industry

·         How the new investment law will enhance the competitive edge of Egypt to attract more international investors?

·         What are the measures that should be considered to expedite the outcome of the new investment law?

12:30 -13:30Lunch Break
13:30 -15:30Session 3: Dispute Boards in Action:  A Mock DAB

The FIDIC contracts are especially noteworthy in the requirement that all disputes go through the DAB process and that a DAB is mandatory.   This Mock DAB session is designed provide an overview of the actual operation of a dispute board, their formation, the issues that can arise and appeals from DAB Decisions and their enforcement.  To demonstrate the various issues that arise in an actual dispute board setting the DAB will hold a hearing to listen to, deliberate and then decide issues raised by the Parties.

The issues at the hearing will include:

·         Has the FIDIC Sub-clause 20 been properly implemented

·         The Contractor is not entitled to its current claim due to the time-barred clause.

·         The ICC DB Rules – can they play a role?

·         The Contractor wants to remove one of the DAB members but the Employer does not.

·         Can the Centre help?

·         Can the DAB hold its decisions for ‘ransom’?

The mock session will also address the following issues:

·         The Employer is not satisfied with the DAB decision.  What next?

·         The ICC Mediation Rules – can they play a role?

·         Enforcement:  What are the options?

15:30Closing remarks

Speakers

Girgis AbdelshahidPartner, Shahid Law Firm, Cairo, Egypt
Mohamed S. AbdelwahabFounding Partner, Zulficar & Partners,; Professor of Private International law and Arbitration; Vice-President, ICC International Court of Arbitration, Cairo, Egypt
Ahmad Al MansouryChairman, SCL–Egypt, Egypt
Habib Al MullaChairman, Baker & Mc Kenzie. Habib Al Mulla, UAE
Borhan AmrallahFormer President of Cairo High Court of Appeal, International Arbitrator, Egypt
Shady AteemPartner- Director of Planning and Forensic Analysis – Inshield International Consultancy Dubai, UAE
Nael BunniChartered Engineer, Chartered Arbitrator, Conciliator/Mediator and Visiting Professor in Construction Law and Contract Administration at Trinity College Dublin, Ireland
Yasemin ÇetinelPartner, Çetinel Law Firm, Turkey
Cyril ChernBarrister, Chartered Architect, Chartered Arbitrator, Adjudicator, Accredited Mediator, Dispute Board Expert, Crown Office Chambers, London, UK
Mark DemitryDeputy Counsel, ICC International Court of Arbitration, Paris, France
Bahi ElibrachyPartner at Ibrachy & Dermarkar Law Firm, Cairo, Egypt
Alain FarhadPartner, Squire Patton Boggs (MEA) LLP, ICC YAF Representative for the MENA Region, Dubai, UAE
Salwa FawzyContracts Associate Director at Dar Al Mimar Group, Cairo, Egypt
Ziva FilipicManaging Counsel, ICC International Court of Arbitration, Paris, France
Majed M. GaroubPresident of the Law Firm of Majed M Garoub, Jeddah and Riyadh, Saudi Arabia
Mohammed GomaaHead of the Arbitration Department at Zaki Hashem & Partners, Attorneys at Law, Cairo, Egypt
Samaa HaridiPartner, Hogan Lovells US LLP, New York, United States
Sami HouerbiDirector for the Mediterranean, Middle East & Africa, ICC International Court of Arbitration; Partner, Houerbi Law Firm, Dubai/ Tunis
Alina LeoveanuICC YAF Co-Chair, Manager ICC Center for ADR, ICC International Court of Arbitration, Paris, France
Alexis MourrePresident, ICC International Court of Arbitration, Paris, France
Aisha NadarConsultant, Advokatfirman Runeland AB; Member, FIDIC Executive Committee, Stockholm, Sweden
Ahmed NasreldienPartner – ALMANSOURY for Contracts Management and Arbitration Practice, Egypt
Xavier NyssenPartner , Dechert LLP, Paris, France
Diana Paraguacuto-MahéoPartner, NGO JUNG & PARTNERS, Paris, France
James PerryOwner – PS Consulting, Paris, France
Tarek RiadManaging Partner, Kosheri, Rashed & Riad.Law Firm, Cairo, Egypt and Chairman of the Executive Committee of Dubai International Arbitration Center
Kim RosenbergCounsel, Freshfields Bruckhaus Deringer LLP, Dubai, UA
Christopher R. SeppäläPartner, White & Case LLP, Paris, France
Thomas SniderPartner, Head of Arbitration at Al Tamimi & Co., UAE
Mohamed TalatPartner at Helmy, Hamza and Partners Baker McKenzie, Egypt
Ahmed F. WalyAdjunct Assistant Professor, Department of Construction Engineering, American University in Cairo, Egypt

Logistical notes

Venue

The Ritz Carlton Hotel,

1113 Corniche El Nil,
Cairo, 11221 Egypt

Registration

Please register by sending your full contact details to info@sclegypt.com

Contact us