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ICC-FIDIC Conference on International Construction Contracts and Dispute Resolution
12 October - 13 October
ICC and the International Federation of Consulting Engineers (FIDIC) will hold their annual ICC-FIDIC Conference on International Construction Contracts and Dispute Resolution in Paris. The two-day event, which gathers the world’s leading construction practitioners, aims to provide participants with an update of the latest industry insights, trends and developments. It will also offer excellent potential for networking.
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
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.
Please note that a Construction arbitration training will take place at ICCHQ on Saturday 14 October. To register and for more information click here
Testimonial
“ICC and FIDIC withhold the highest standard for construction disputes avoidance and resolution. FTI Consulting is proud to be a sponsor, and part of the international arbitration community worldwide.”
Thierry Linares
Senior Managing Director
FTI Consulting
THURSDAY 12 OCTOBER 2023
08.00 – 09.00: Registration and welcome coffee
09.00 – 09.40: Fireside chat between Nelson Ogunshakin and Claudia Salomon
- Nelson Ogunshakin, Chief Executive Officer, FIDIC, Geneva
- Claudia Salomon, President, ICC International Court of Arbitration, Paris
09.40 – 10.40: Update on ICC awards in FIDIC cases & notable changes introduced in the 2022 reprint
- Živa Filipič, Acting Deputy Secretary General, ICC International Court of Arbitration, Paris
- Daduna Kokhreidze, General Counsel, FIDIC, Geneva
- Vincent Leloup, Founder & Managing Partner, Exequatur, France; Chairman, FIDIC Contracts Committee; FIDIC Certified Adjudicator and Trainer – FCIArb
- Yann Schneller, Partner, Cartier Meyniel Schneller, France; FIDIC President’s List of Approved Dispute Adjudicators
10.40 – 11.10: Coffee break
11.10 – 12.10
Dispute Prevention
The FIDIC 2017 DAAB rules, like the latest edition of the ICC DB Rules, introduce detailed provisions on dispute avoidance, particularly via informal assistance. This session will discuss the current trends in dispute avoidance and how various tools such as informal assistance, mediation and adjudication can be used to prevent or minimise disputes. This session will also look at how dispute boards can assist the parties in navigating through difficult times and examine lessons learned from recent and ongoing crises, resulting for example from COVID 19, inflation and war.
- Aisha Nadar, Senior Consultant, Advokatfirman Runeland AB, Sweden; Vice-Chair, ICC Commission on Arbitration and ADR
- Corine Orounla, General Counsel, Millennium Challenge Account, Benin II
- James Perry, Partner, PS Consulting, France; Member of the FIDIC President’s list of dispute board adjudicators; past-president of the Dispute Resolution Board Foundation (DRBF) (2019-2020)
- Marcel Singler, Head of Commercial Project Management, Andritz Hydro GmbH, Germany
Moderator
- David Brown, Partner, Clyde & Co, France; Emeritus Council Member, ICC Institute of World Business Law; FIDIC President’s List of Approved Dispute Adjudicators
12.10 – 12.40: Q&A
12.40 – 14.10: Lunch
14.10 – 15.10: Complex Arbitrations: Consolidation, joinder and other thorny issues
Construction projects often involve multi-layered and complex contractual structures.
This session will explore the different procedural options available to parties in such situations. Based on real-life examples, the panelists will discuss procedural choices and offer insights on how to successfully address difficult questions such as:
proceeding;
– Conditions for, and timing of, joinder of additional parties;
– Constitution of the arbitral tribunal: arbitrators serving in parallel related cases
and consequences of consolidation/joinder for the right of all parties to participate
in the constitution of the arbitral tribunal
– Timing of the subcontract vs main contract arbitration and res judicata effects of
related awards
– Feedback on the use of article 7(3) of the ICC International Rules of Arbitration
- Hannah Cao, General Counsel, Silk Road Fund, China
- Victor M. Ruiz, Partner, Ruiz – Silva Abogados, S.C., Mexico
- Gustavo Scheffer da Silveira, Partner, Tauil & Chequer Advogados in association with Mayer Brown, Brazil
Moderator
- Sandra González, Partner, Ferrere, Uruguay; Vice President, ICC International Court of Arbitration
15.10 – 15.40: Q&A
15.40 – 16.10: Coffee break
16.10 – 17.30:
Oxford Union-style debate
The motion to be debated will be: ‘This House believes that the construction arbitration process is broken…’
Speakers for the Opposition:
- Husni Madi, CEO, Shura Construction Management, Jordan; Member, FIDIC Contracts Committee; FCIArb, FIDIC President’s List of Approved Dispute Adjudicators, CIArb Accredited Mediator; Civil Engineer, LLM Construction Law & Arbitration
- Lindy Patterson KC, Arbitrator and Dispute Board Member, 39 Essex Chambers, United Kingdom
Speakers for the Proposition:
- Jean-Marc Coulon, General Counsel, Bouygues Construction – Infrastructure Division, France
- Mercedes Tarrazon, Partner , Dispute Management, SL, Spain
Chair
- Nicholas Gould, Partner, Fenwick Elliott, United Kingdom
17.30 – 19.30: Cocktail reception
FRIDAY 13 OCTOBER 2023
09.00 – 09.40: Interview with Christopher Seppäla
- Christopher Seppälä, Partner of Counsel, White & Case, Paris; Legal Advisor to the FIDIC Contracts Committee; FIDIC’s Observer on the International Court of Arbitration of the ICC; and Dean of the Faculty of Contracts of FIDIC Academy, FIDIC’s learning and development body
Interviewed by
Lindy Patterson KC, Arbitrator and Dispute Board Member, 39 Essex Chambers, United Kingdom
09.40 – 10.40: Prolongation
In practice, proving causation and providing substantiation for prolongation costs may prove to be a difficult task. This task has been simplified by the recent edition of the FIDIC Green Book, introducing a new concept in construction contracts – a procedure for establishing entitlement to Prolongation Costs (PGC). This session will address prolongation issues, examine arbitral case law and the extent to which common law vs civil law approaches to burden and standard of proof, and discuss how FIDIC PGC can be used to minimise disputes and disagreements over prolongation costs.
- Emmanuelle Becker Paul, Civil Engineer; Delay and quantum construction expert, dispute board member and legal expert; CEO and Founder of Becker Conseils, France
- Vincent Leloup, Founder & Managing Partner, Exequatur, France; Chairman, FIDIC Contracts Committee; FIDIC Certified Adjudicator and Trainer – FCIArb
- Kim Rosenberg, Partner, Freshfields Bruckhaus Deringer, United Arab Emirates
- Nuria Sanchez-Rubio, General Counsel, Head of Ethics & Compliance – International, Soletanche Freyssinet, France
Moderator
- Yasemin Çetinel, Founding Partner, Cetinel Law Firm, Turkey
10.40 – 11.10: Q&A
11.10 – 11.40: Coffee Break
11.40 – 12.10: Interim measures
Injunctions from cashing in payment/performance bonds, measures to preserve evidence, anti-suit injunctions and everything in between – parties in construction projects have a plethora of options at their disposal. This panel will explore, amongst others:
– Best forum to request interim measures depending on what kind of measure is required
– Interface between dispute boards and Emergency Arbitrator/arbitral tribunal
- Funke Adekoya SAN, Independent Arbitrator, Funke Adekoya & Co., Nigeria
- Alfredo Bullard, Founding Partner, Bullard Falla Ezcurra, Peru
Moderator
- Natalie Wardle, Associate Director, Bryan Cave Leighton Paisner LLP, France
12.10 – 12.40: Q&A
12:40 – 14.40: Lunch
14.10 – 14.40: Expedited procedure provisions and the positive spill-over effects on arbitration in general
With no or limited document production and post hearing briefs, frequent online hearings and an award in 6 months leading to significant cost savings, it is no wonder the Expedited Procedure Provisions have become hugely popular. More than 450 expedited cases conducted so far, most of which come from the construction sector, and their inclusion in the FIDIC Green Book is a further testament to their success in responding to market needs. This panel will discuss the distinguishing features of ICC expedited procedures and the effect their frequent use is having on shaping arbitration procedures more generally. Indeed, while they are usually reserved for low amount disputes, experience shows that the system can be applied to a broader range of disputes too.
- Najib Hage Chahine, Managing Partner, Hage Chahine, Lebanon
- Paul Sandosham, Partner, Clifford Chance, Singapore
Moderator
- Anna Kirk, Arbitrator, Barrister, Bankside Chambers, New Zealand
14.40 – 15.10: Q&A
15.10 – 16.10: Rountable discussion: Ask the panel!
- Funke Adekoya SAN
- David Brown
- Sandra González
- Vincent Leloup
- James Perry
Co-Moderators
- Živa Filipič, Acting Deputy Secretary General, ICC International Court of Arbitration, Paris
- Daduna Kohreidze, General Counsel, FIDIC, Geneva
16.10-16.30: Closing remarks
- Nelson Ogunshakin, Chief Executive Officer, FIDIC, Geneva
- Claudia Salomon, President, ICC International Court of Arbitration, Paris
Conference Co-chairs
- Nelson Ogunshakin – Chief Executive Officer, FIDIC, Geneva
- Claudia Salomon – President, ICC International Court of Arbitration, Paris
Confirmed speakers
- Funke Adekoya SAN – Independent Arbitrator, Funke Adekoya & Co., Nigeria
- Emmanuelle Becker Paul – Civil Engineer; Delay and quantum construction expert, dispute board member and legal expert; CEO and Founder of Becker Conseils, France
- David Brown – Partner, Clyde & Co, France; Emeritus Council Member, ICC Institute of World – Business Law; FIDIC President’s List of Approved Dispute Adjudicators
- Alfredo Bullard – Founding Partner, Bullard Falla Ezcurra, Peru
- Hannah Cao – General Counsel, Silk Road Fund, China
- Yasemin Cetinel – Founding Partner, Cetinel Law Firm, Turkey
- Jean-Marc Coulon – General Counsel, Bouygues Construction – Infrastructure Division, France
- Živa Filipič – Acting Deputy Secretary General, ICC International Court of Arbitration, Paris
- Sandra González – Partner, Ferrere, Uruguay; Vice President, ICC International Court of Arbitration
- Nicholas Gould – Partner, Fenwick Elliott, United Kingdom
- Najib Hage Chahine – Managing Partner, Hage Chahine, Lebanon
- Anna Kirk – Arbitrator and Barrister, Bankside Chambers (Auckland & Singapore), New Zealand
- Daduna Kokhreidze – General Counsel, FIDIC, Geneva
- Vincent Leloup – Founder & Managing Partner, Exequatur, France; Chairman, FIDIC Contracts Committee; – FIDIC Certified Adjudicator and Trainer – FCIArb
- Husni Madi – CEO, Shura Construction Management, Jordan; Member, FIDIC Contracts Committee; – FCIArb, FIDIC President’s List of Approved Dispute Adjudicators, CIArb Accredited Mediator; – Civil Engineer, LLM Construction Law & Arbitration
- Aisha Nadar – Senior Consultant, Advokatfirman Runeland AB, Sweden; ; Vice-Chair, ICC Commission on Arbitration and ADR
- Corine Orounla – General Counsel, Millennium Challenge Account – Benin II, Benin
- Lindy Patterson KC – General Counsel, Millennium Challenge Account – Benin II, Benin
- James Perry – Partner, PS Consulting, France; Member of the FIDIC President’s list of dispute board adjudicators; – past-president of the Dispute Resolution Board Foundation (DRBF) (2019-2020)
- Kim Rosenberg – Partner, Freshfields Bruckhaus Deringer, United Arab Emirates
- Victor M. Ruiz – Partner, Ruiz – Silva Abogados, S.C., Mexico
- Nuria Sanchez Rubio – Group General Counsel & Compliance Officer, Soletanche Freyssinet, France
- Paul Sandosham – Partner, Clifford Chance, Singapore
- Gustavo Scheffer da Silveira – Partner, Tauil & Chequer Advogados in association with Mayer Brown, Brazil
- Yann Schneller – Partner, Cartier Meyniel Schneller, France; FIDIC President’s List of Approved Dispute Adjudicators
- Christopher Seppälä – Partner of Counsel, White & Case, Paris; Legal Advisor to the FIDIC Contracts Committee; – FIDIC’s Observer on the International Court of Arbitration of the ICC; and Dean of the Faculty of Contracts of FIDIC Academy, FIDIC’s learning and development body.
- Marcel Singler – Head of Commercial Project Management, Andritz Hydro GmbH, Germany
- Mercedes Tarrazon – Partner, Dispute Management, SL, Spain
- Natalie Wardle – Associate Director, Bryan Cave Leighton Paisner LLP, France
| Date and Venue | Dates: 12-13 October 2023
Venue: Le Westin Paris – Vendôme, 3 Rue de Castiglione, 75001 Paris |
| Registration fees | Registration fees for non-ICC members: Early-Bird (April 2023 – 31 May 2023): 1,190€ Standard (1 June – 1 October 2023): 1,500€ Last Chance (2 October – 13 October 2023): 1,600€ *20% VAT will be applied Registration fees for ICC Belgium members: Special discounts |
| Travel & accomodation | Participants are responsible for making their own travel arrangements and hotel reservations. We have however negotiated preferencial room rates at the Westin Paris – Vendôme. The booking link will be sent to you upon receipt of your registration.
We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration and full payment of your registration fees. |
| Working languages | English |
| Credits, hours and points | This event is eligible for:
CNB credits from the French Bar CLE credits from the State Bar of New York Please note that this is subject to validation of ICC Global Events’ application (or individual application, as necessary). Furthermore, ICC Global Events is a State Bar of California approved MCLE provider. Please contact ICCGlobalEvents@iccwbo.org if you have any questions or would like further information. |
| Cancellation policy | 50% of the registration fee will be refunded if notice of cancellation is received in writing before 14 September 2023. Cancellations after this date are not refundable. Subject to agreement from ICC Global Events prior to the event, the registration may be transferred to another person from the same company or organisation at no extra charge. Updated registration information will be required.
Please note that ICC and FIDIC reserve 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 and FIDIC 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 and FIDIC, their subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC and FIDIC websites and on 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. |
Registration fees for ICC/FIDIC members :
ICC and FIDIC members receive a 20% reduction on all the above rates when using the NC and FIDIC discount codes. Please contact your local NC or FIDIC to obtain your discount code.
Registration fees
Early-Bird (April 2023 – 31 May 2023): 1,190€
Standard (1 June – 1 October 2023): 1,500€
Last Chance (2 October – 13 October 2023): 1,600€
*20% VAT will be applied
Register here : Event Management (iccwbo.org)