20-21Sep

ICC-FIDIC Conference on Construction Contracts & Dispute Resolution

Tbilisi, Georgia, • English
ICC-FIDIC International Construction Contracts Conference

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.

Co-organized by:

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Description

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.

Objective


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


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.

Conference programme

DAY 1: Thursday 20 September 2018
9.00 – 09.40Welcome and keynote addresses
Fady Asly, Chairman, ICC Georgia
Lasha Nodia, Deputy Chairman, Georgian Association of Arbitrators; Managing Partner, Nodia, Urumashvili & Partners LLC, Georgia
Keynote addresses:
Nino Bakakuri, Justice of the Supreme Court of Georgia
Thea Tsulukiani, Minister of Justice, Georgia
Instroduced by conference Co-Chairs
Ziva Filipic, Managing Counsel, ICC International Court of Arbitration, Paris
Christopher Seppälä, Partner of Counsel, 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 – 11:00Session 1: An introduction to 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 then, FIDIC contracts have evolved to what they are today – the international standard. This session will provide an overview of FIDIC and the organization of its forms of contracts, before outlining the salient features of the 2017 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
11.00-11.20Coffee break
11.20-12.50Session 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, as well as how to 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
Moderated by:
Aisha Nadar
12.50-14.15Lunch
14.15 – 15.45Session 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
David Brown
Moderated by:
Aisha Nadar
15.45-16.15Coffee break 
16.15 – 17.45Session 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
Moderated by:
Ziva Filipic
17.45 – 19.00Cocktail reception

 

DAY 2: Friday 21 September 2018
09.00 – 09.10Welcome by Conference co-chairs
09.10 – 10.45Session 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, Managing Director, Environmental Infrastructure Associates Ltd.; Member, FIDIC Sub-Contract TG, United Kingdom
10.45 – 11.15Coffee break
11.15 – 12.45Session 6: Liability Issues During the Life of the Project in Construction Disputes
– Global claims
– 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
Ana Kavtaradze, Director, Trade Finance Department, Bank of Georgia, Gerogia; Member, ICC Banking Commission Executive Committee
Moderated by:
Daduna Kokhreidze, President, Georgian Association of Consulting Engineers; Partner, Nodia, Urumashvili and Partners, Georgia
12.45 – 14.15Lunch
14.15 – 15.45Session 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 have upheld/overturned arbitration, and raise conclusions about their efficiency and usefulness
Nick Gvinadze, Managing Partner, Gvinadze & Partners LLC, Georgia; Chairman, ICC Georgia Arbitration Commission
Kirsten Odynski, Partner, White & Case LLP, France
Luminita Popa, Managing Partner, Suciu Popa, Romania; Alternate Member, ICC International Court of Arbitration
Moderated by:
Mark Roe, Partner, Head of International Arbitration, Pinsent Masons LLP
15.45 – 16.15Coffee break
16.15 – 17.45Session 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
Ziva Filipic
Julia Lysakovskaya, Head of Legal Department, MFC Construction Office, Branch of the Gazprom transgaz, Belarus
Guillaume Sauvaget, Partner, PS Consulting, France
Wei Sun, Partner, Beijing Zhong Lun Law Firm; Secreatry General, Permanent Forum of China Construction Law, China
Moderated by:
Alexander Bolkvadze, Partner, BLC Law Office, Georgia
17.45 – 18.00Closing of the Conference

Conference speakers

Murray ArmesFounder and Managing Director, Sense Studio, United Kingdom
Fady AslyChairman, ICC Georgia, Georgia
Justice Nino BakakuriSupreme Court of Georgia
Ellis BakerHead of Construction & Engineering Practice Group, White & Case, United Kingdom
Alexander BolkvadzePartner, BLC Law Office, Georgia
David BrownPartner, Clyde & Co., France; Council Member, Institute of World Business Law; FIDIC President’s List of Adjudicators
Philippe CavalierosPartner, Simmons & Simmons LLP, France
Yasemin CentinelFounding Partner, Cetinel Law Firm, Turkey
Valéry Denoix de Saint MarcPartner, August Debouzy, France
Ziva FilipicManaging Counsel, ICC International Court of Arbitration, Paris
Frédéric GillionPartner, Pinsent Masons LLP, France
Karen GoughBarrister and Arbitrator, Member of 39 Essex Chambers, United Kingdom
Nick GvinadzeManaging Partner, Gvinadze & Partners LLC, Georgia; Chairman, ICC Georgia Arbitration Commission
Levent IrmakFounder and Managing Partner, MC2 Modern Construction Consulting, Turkey; Member, Dispute Resolution Board Foundation (DRBF)
Eva KalninaCounsel, Lévy Kaufmann-Kohler, Switzerland
Ana KavtaradzeDirector, Trade Finance Department, Bank of Georgia, Georgia; Member, ICC Banking Commission Executive Committee
Daduna KokhreidzePresident, Association of Consulting Engineers Georgia; Partner, Nodia, Urumashvili and Partners, Georgia
Alina LeoveanuManager, ICC International Centre for ADR, Paris
Julia LysakovskayaHead of Legal Department, MFC Construction Office, Branch of the Gazprom transgaz, Belarus
Aisha NadarSenior Consultant, Procurement Management and Dispute Resolution, Advokatfirman Runeland, Sweden; Member, FIDIC Executive Committee adn Chair of Procurement Policy Sub-Committee
Lasha NodiaDeputy Chairman, Georgian Association of Arbitrators; Managing Partner, Nodia, Urumashvili & Partners LLC, Georgia
Kirsten OdynskiPartner, White & Case LLP, France
Luminita PopaManaging Partner, Suciu Popa, Romania; Alternate Member, ICC International Court of Arbitration
Mark RoePartner, Head of International Arbitration, Pinsent Masons LLP, United Kingdom
Guillaume SauvagetPartner, PS Consulting, France
Christopher R. SeppäläPartner of Counsel, 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 TsulukianiMinister of Justice of Georgia
Wei SunPartner, Beijing Zhong Lun Law Firm; Secreatry General, Permanent Forum of China Construction Law, China
Simon WorleyManaging Director, Environmental Infrastructure Associates Ltd.; Member, FIDIC Sub-Contract Task Group, United Kingdom

Logistical notes

Dates and venueDates: 20-21 September 2018
Venue: Radisson Blu Iveria Hotel, 1 Rose Revolution Square, Tbilisi, Georgia
Registration feesICC FIDIC Conference
ICC members: 549 €
Non-members: 799 €
Registration fees include all conference documentation, coffee breaks, lunches and a cocktail reception.
Special discountsGroup 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 events@iccwbo.org for more details.
How to registerRegistration 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.
Working languageEnglish
Credits and hoursICC 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.
Cancellation policy50% 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.
DisclaimerThe 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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