ICC-FIDIC Conference on Construction Contracts & Dispute Resolution
ICC and the International Federation of Consulting Engineers (FIDIC) will hold their annual ICC-FIDIC Conference in Tbilisi, Georgia, a gateway between Asia and Europe.
The event, which gathers the world’s leading construction practitioners aims to provide participants with an update of the latest industry trends and developments, deliver real-world insight and specialist knowledge, as well as offer an exclusive networking platform for the international construction community.
Internationally renowned engineers, construction arbitration specialists and in-house lawyers of leading companies in the field will share their practical experience and knowledge on the FIDIC contracts and the related procedures for claims and disputes, Dispute Boards and ICC Arbitration in construction cases.
Who should attend?
Any practitioner involved in international construction contracts and disputes:
- engineers, contractors, in-house lawyers from construction companies
- construction lawyers, arbitrators
- mediators, experts, contract managers
- financial institutions and Government entities involved in procurement
FIDIC is the French acronym for the International Federation of Consulting Engineers. It was founded in 1913 to promote the professional interests of member associations and to disseminate information of interest to members of its constituent national associations. FIDIC membership represents more than 99 countries and most of the practising consulting engineers in the world. Buy your FIDIC books here.
|DAY 1: Thursday 20 September 2018|
|9.00 – 09.30||Welcome and keynote addresses|
|Justice Nino Bakakuri, Supreme Court of Georgia|
|Tea Tsulukiani, Minister of Justice, Georgia|
Lasha Nodia, Managing Partner of Nodia, Urumashvili & Partners LLC, Georgia
Representative from ICC Georgia
|09.30 – 09.40||Welcome by co-chairs|
|Ziva Filipic, Managing Counsel, ICC International Court of Arbitration, Paris|
|Christopher Seppälä, Partner, White & Case LLP, France; FIDIC’s Observer, ICC International Court of Arbitration; Member, ICC Institute of World Business Law; Legal Advisor, Contracts Committee, FIDIC|
|09.40 – 11:00||Session 1: An introduction to the FIDIC and its Forms of Contracts, including the new 2017 FIDIC Suite of Contracts|
FIDIC was established in 1913 and the first Red Book was published in August 1957. Since, FIDIC contracts have evolved to what they are today – the international standard. This session will provide an overview of FIDIC the organization its forms of contracts before outlining the salient features of the 2017 of the Red, Yellow and Silver FIDIC conditions of contract.
– FIDIC: The organization
– Background and principles of the FIDIC forms of contract
– Overview and comparison of the Red, Yellow and Silver Books
– Salient features of the FIDIC 2017 update
|Ellis Baker, Head of Construction & Engineering Practice Group, White & Case, United Kingdom|
|Aisha Nadar, Senior Consultant, Procurement Management and Dispute Resolution, Advokatfirman Runeland, Sweden; Member, FIDIC Executive Committee and Chair of Procurement Policy Sub-Committee|
|11.20-12.50||Session 2: Dispute Boards in Action: A Mock Dispute Avoidance and Adjudication Board (DAAB)|
The FIDIC contracts are specially noteworthy in the requirement that the parties constitute a Dispute Avoidance and Adjudication Board (DAAB) and that all disputes must go through the DAAB process. This Mock DAAB session is designed to provide an overview of the actual operation of a dispute board, the issues that can arise and how the DAAB can be effective in helping the parties to resolve their disputes, but avoid disputes in the first place.
|David Brown, Partner, Clyde & Co., France; Council Member, ICC Institute of World Business Law; FIDIC President’s List of Adjudicators|
|Yasemin Cetinel, Founding Partner, Çetinel Law firm, Turkey|
|Frédéric Gillion, Partner, Pinsent Masons LLP, France|
|Alina Leoveanu, Manager, ICC International Centre for ADR, Paris|
|14.15 – 15.45||Session 3: Dispute Avoidance and Resolution Clauses in FIDIC Contracts|
Disputes have always featured in construction projects, but today’s cost sensitive clients demand that the parties focus on project success and effectively avoid disputes and resolve unavoidable disputes efficiently. This session will provide an insightful perspective on this trend and will offer an overview of its impact on the dispute management tools and techniques provided for under the 2017 FIDIC Conditions.
|Murray Armes, Founder and Managing Director, Sense Studio, United Kingdom|
|16.15 – 17.45||Session 4: the ICC Emergency Arbitrator in Construction Disputes|
The ICC Arbitration Rules offer a procedure for parties to seek urgent temporary relief, usually within 15 days. This procedure offers a short-term solution for parties that are unable to wait for the constitution of an Arbitral Tribunal and is often used in construction cases, raising considerable interest among international arbitration practitioners as an attractive option. This panel will explore how this emergency arbitrator procedure is funtioning and the ICC jurisprudence on construction disputes (including compatibility of DAB clauses with EA proceedings, urgency and other requirements applied in the context of requests for injuctions preventing the calling of performance bonds).
|Philippe Cavalieros, Partner, Simmons & Simmons LLP, France|
|Eva Kalnina, Counsel, Lévy Kaufmann-Kohler, Switzerland|
|17.45 – 19.00||Cocktail reception|
|DAY 2: Friday 21 September 2018|
|09.00 – 09.10||Welcome by co-chairs|
|09.10 – 10.45||Session 5: Contract and Claims Administration in FIDIC contracts|
This session will discuss ways to try to avoid claims arising in the first place but then, if they do arise, how best to present claims under the FIDIC form with particular reference to/
– The enhanced claims provisions in the new suite
– The role of the Engineer
– The requirements for notices of claim and the time bar provisions
– How best to prevent claims from becoming disputes
|Levent Irmak, Founder and Managing Partner, MC2 Modern Construction Consulting, Turkey; Member, Dispute Resolution Board Foundation (DRBF)|
|Simon Worley, Simon R Worley, B Eng (Hons), C Eng ; Member, FIDIC Sub-Contract TG, United Kingdom|
|10.45 – 11.15||Coffee break|
|11.15 – 12.45||Session 6: Liability Issues During the Life of the Project in Construction Disputes|
– Global Cliams
– Liquidated Damages
– Limitation Periods and Waivers of Right
– Exceptional Circumstances and Force Majeure in Construction Contracts: New Developements?
– Third Party Liability: Guarantors, Subcontractors, Suppliers, Agents, Funders, and/or Insurers
|Valery Denoix de Saint Marc, Partner, August Debouzy, France|
|Karen Gough, Barrister and Arbitrator, Member of 39 Essex Chambers, United Kingdom|
Daduna Kokhreidze, President, Association of Consulting Engineers Georgia; Partner, Nodia, Urumashvili and Partners, Georgia
|12.45 – 14.15||Lunch|
|14.15 – 15.45||Session 7: Enforcement of DAB decisions and Arbitral Awards in CIS countries and Caucasus region|
Recent updates. Enforcement and enforceability of DAB decisions by arbitral tribunals (by way of interim/partial awards etc.) in different jusridictions; statistics on how often DAB decisions are upheld/overturned arbitration, and raise conclusions about their efficiency and usefulness.
|Nick Gvinadze, Managing Partner, Gvinadze & Partners LLC, Georgia|
|Luminita Popa, Managing Partner, Suciu Popa, Romania; Alternate Member, ICC International Court of Arbitration|
Mark Roe, Partner, Head of International Arbitration, Pinsent Masons LLP
|15.45 – 16.15||Coffee break|
|16.15 – 17.45||Session 8: A Particular Focus on the One Belt Road Initiative and the construction projects in CIS countries and Caucasus region|
– How can standard contracts play a role?
– From the contract and arbitration perspectives
– New ICC initiative
|Guillaume Sauvaget, Partner, PS Consulting, France|
|Wei Sun, Partner, Beijing Zhong Lun Law Firm; Secreatry General, Permanent Forum of China Construction Law, China|
|17.45 – 18.00||Closing of the Conference|
|Murray Armes||Founder and Managing Director, Sense Studio, United Kingdom|
|Justice Nino Bakakuri||Supreme Court of Georgia|
|Ellis Baker||Head of Construction & Engineering Practice Group, White & Case, United Kingdom|
|David Brown||Partner, Clyde & Co., France; Council Member, Institute of World Business Law; FIDIC President’s List of Adjudicators|
|Philippe Cavalieros||Partner, Simmons & Simmons LLP, France|
|Yasemin Centinel||Founding Partner, Cetinel Law Firm, Turkey|
|Valéry Denoix de Saint Marc||Partner, August Debouzy, France|
|Ziva Filipic||Managing Counsel, ICC International Court of Arbitration, Paris|
|Frédéric Gillion||Partner, Pinsent Masons LLP, France|
|Karen Gough||Barrister and Arbitrator, Member of 39 Essex Chambers, United Kingdom|
|Nick Gvinadze||Managing Partner, Gvinadze & Partners LLC, Georgia|
|Levent Irmak||Founder and Managing Partner, MC2 Modern Construction Consulting, Turkey; Member, Dispute Resolution Board Foundation (DRBF)|
|Eva Kalnina||Counsel, Lévy Kaufmann-Kohler, Switzerland|
|Daduna Kokhreidze||President, Association of Consulting Engineers Georgia; Partner, Nodia, Urumashvili and Partners, Georgia|
|Alina Leoveanu||Manager, ICC International Centre for ADR, Paris|
|Aisha Nadar||Senior Consultant, Procurement Management and Dispute Resolution, Advokatfirman Runeland, Sweden; Member, FIDIC Executive Committee adn Chair of Procurement Policy Sub-Committee|
|Lasha Nodia||Managing Partner of Nodia, Urumashvili & Partners LLC, Georgia|
|Luminita Popa||Managing Partner, Suciu Popa, Romania; Alternate Member, ICC International Court of Arbitration|
|Mark Roe||Partner, Head of International Arbitration, Pinsent Masons LLP, United Kingdom|
|Guillaume Sauvaget||Partner, PS Consulting, France|
|Christopher R. Seppälä||Partner, White & Case LLP, France; FIDIC’s Observer, ICC International Court of Arbitration; Member, ICC Institute of World Business Law; Legal Advisor, Contracts Committee, FIDIC|
|Tea Tsulukiani||Minister of Justice of Georgia|
|Wei Sun||Partner, Beijing Zhong Lun Law Firm; Secreatry General, Permanent Forum of China Construction Law, China|
|Simon Worley||Managing Director, Environmental Infrastructure Associates Ltd.; Member, FIDIC Sub-Contract Task Group, United Kingdom|
|Dates and venue||Dates: 20-21 September 2018|
Venue: Radisson Blu Iveria Hotel, 1 Rose Revolution Square, Tbilisi, Georgia
|Registration fees||ICC FIDIC Conference|
ICC members: 549 €
Non-members: 799 €
|Registration fees include all conference documentation, coffee breaks, lunches and a cocktail reception.|
|Special discounts||Group rates: Register 5 persons from the same company and pay for 4.|
In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.
Please contact firstname.lastname@example.org for more details.
|How to register||Registration will open in due course.|
|Travel and accommodation||Travel and hotel expenses are not included in the registration fee. ICC has however negociated preferential room rates with the hotel Radisson Blu Iveria Hotel. The complete information will be sent upon registration enabling participants to make their reservations directly.|
|Credits and hours||ICC Training and Conferences is eligible for CLE credit under New York ‘s approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is an accredited CPD provider by the Bar Standards Board of Englandand Wales.|
French Bars: This training will be sent for CNB approval. Lawyers practising in France may apply for reimbursement from the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.
|Cancellation policy||50% of the registration fee will be refunded if notice of cancellation is received in writing before Monday 20 August 2018. Cancellations after this date are not refundable. Subject to agreement from ICC Training and Conferences prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required. Please be informed that any form of cancellation will incur a cancellation fee of 5€ + 2.75% of the registration fee which must be covered by the participant. Please note that ICC Services reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC Services will not, however, be held responsible for any related expense incurred by the participant.|
|Disclaimer||The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for information or promotional purposes in printed materials or online including on ICC websites and social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC receives written notification to the contrary.|
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