fidic and ibc legal present the 28th annual fidic ...fidic.org/sites/default/files/fidic...

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Kaj Mller FIDIC

Zoltn Zhonyi FIDIC

Siobhan Fahey

FIDIC

Vincent Leloup FIDIC

Sebastian Hk

FIDIC

Jorge Diaz Padilla FIDIC

Aisha Nadar FIDIC

Main Conference Days: 1 - 2 December 2015

Introduction to FIDIC Contracts and Common v Civil Law Workshops: 30 November 2015

Dispute Resolution and Claims & Defence Workshops: 3 December 2015

Venue: Grange City Hotel, London

To register or for the latest information, please visit: www.ibclegal.com/fidic Tel: +44 (0)20 7017 5503 Email: [email protected]

The Essential Guide for Engineering & Construction Law Professionals to Successfully Use the FIDIC Suite of Contracts, Manage Major Projects and Resolve Disputes

FIDIC International Contract Users Conference

40+ Speakers, Including:

FIDIC and IBC Legal Present the 28th Annual

2 To register or for the latest information, please visit: www.ibclegal.com/fi dic Tel: +44 (0)20 7017 5503 Email: [email protected]

Dear colleague,

FIDIC and IBC Legal are pleased to bring you yet another exciting instalment of the FIDIC International Contract Users conference. This is being held in London on 1st & 2nd December and wed like to invite you to join us at this must-attend annual event for users from more than 46 countries. We promise yet another action-packed conference with the best FIDIC training opportunities available in Europe as well as exciting features, and an array of new case studies delivered by seasoned FIDIC experts.

We have once again enlisted the help of a number of distinguished FIDIC Contracts Committee members and construction law experts to share their extensive knowledge of the more challenging aspects of FIDIC forms of contract and to brief you on the latest developments. Whether as part of a panel session or delivering a solo presentation or case study, were sure youll fi nd listening to their views an invaluable experience.

We have also been careful to make sure the conference remains user-centred, which is why most of our speaker faculty is comprised of FIDIC Contracts Committee members. Construction lawyers and legal advisers also continue to play a key role in adding to the level of technical sophistication of the agenda and we are thankful for the support of all sponsoring law fi rms fi elding high calibre speakers.

Past delegates will notice the agenda has its fair share of new faces so you can benefi t from a diverse and exciting range of views from across different industries and jurisdictions, but we made sure to continue to allow maximum exposure to those FIDIC speakers who have consistently delivered high value contributions to the conference.

In light of the success of last years Ask the Experts Q&A session were pleased to confi rm that weve doubled last years Q&A time to ensure no user leaves the conference with an unanswered question. You can send your questions directly to [email protected] so these are addressed by our panel of FIDIC experts during the session.

Last but not least, we would like to draw your attention to our four associated workshops, which consistently attract great reviews from participants and have sold out in previous years. Make sure you book your place early!

We are sure youll fi nd attending this years FIDIC International Contract Users Conference one of the most rewarding and effi cient ways to sharpen your FIDIC knowledge and we look forward to personally welcoming you to London in December.

Best regards,

Franois Baillon

Commercial Director, FIDIC

WELCOME TO OUR 28TH ANNUAL CONFERENCE!

Michele Costa

Conference Director, IBC Legal

Conference Partners & SupportersSupporting Partner

Supporting Sponsors

Associate Sponsors

Workshop Sponsors

Media Partners

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1 December 2015

Main Conference Day 1

FIDIC 2015 PROGRAMME AT A GLANCEOur topical and informative pre-conference workshops are an excellent way to ease yourself into the world of FIDIC before the main events kick off. The Introduction to FIDIC Contracts workshop, expertly led by FIDIC Contracts Committee members, will make for the perfect refresher for experienced FIDIC users or as an introductory session for those new to FIDIC and just getting acquainted with the potential of the Rainbow suite. The Civil v Common Law workshop, led by Breyer Rechtsanwlte, will provide delegates with a comparative analysis of the different approaches across key jurisdictions. Which of these sessions will you choose?

Key SpeakersSiobhan Fahey, FIDIC CONTRACTS COMMITTEEDr Wolfgang Breyer, BREYER RECHTSANWLTE

30 November 2015Introduction to FIDIC Contracts and Common v Civil Law Workshops

Big Themes Green Book Yellow Book Red Book Silver Book Civil & Common Law

The second day of the conference will give delegates an opportunity to explore some major recurring themes in the context of FIDIC, namely time bar application, FIDIC for Design Build Procurement, variations under the FIDIC Forms of Contract, and many more besides. Disputes boards, DABs and arbitration will also take centre stage. Among the days highlights is the session on the revision of the FIDIC DAB Rules, which will give users an opportunity to vote for or against the new clauses using electronic voting. Take part and help shape the future of the FIDIC DAB!

Wrap up this years conference with attendance of some of our most subscribed to workshops. These in-depth half-day sessions are designed to promote maximum interaction between each of the participants and the workshop leaders and ensure that you get the answers you need to your specific questions. Due to the high volume of registrations received in previous years we can only guarantee a place to the first 40 delegates, so youll have to be quick!

Big Themes

2 December 2015

Main Conference Day 2

3rd December 2015

Dispute Resolution and Claims & Defence Workshops

Big Themes 1999 Yellow Book Revision

Update New FIDIC White Book Golden Principles of FIDIC FIDIC Case Studies Review Managing Claims & Disputes

Key SpeakersKaj Mller, FIDIC CONTRACTS COMMITTEEJorge Diaz Padilla, FIDIC INTEGRITY COMMITTEEZoltn Zhonyi, FIDIC CONTRACTS COMMITTEEVincent Leloup, FIDIC CONTRACTS COMMITTEEChris Guirado, FUSION FOR ENERGYAlain Meric, VALLOUREC

Get the inside scoop on all the latest updates to the FIDIC suite of contracts directly from the horses mouth! The first day of the conference will be marked by a number of presentations by members of the FIDIC Contracts Committee who will bring you up to speed on all developments you need to keep abreast of, not least the new Yellow Book edition, now due for imminent release. Youll also listen to a number of new case studies of FIDIC application delivered by a group of highly experienced users. This will be an action packed day wrapped up by a lively drinks reception.

Big Themes FIDIC for Design Build

Procurement Variations Under FIDIC Time Bar Application Understanding Dispute Boards Revision of the DAB Rules

Advanced Dispute Resolution Construction Claims & Defence

Key SpeakersDr Nael Bunni, FIDIC CONTRACTS COMMITTEEAisha Nadar, ADVOKATFIRMAN RUNELANDEllis Baker, WHITE & CASEMichael Sergeant, HOLMAN FENWICK WILLAN Adrian Bell, CMS CAMERON MCKENNA Peter Collie, 3PB BARRISTERS

Key SpeakersRupert Choat, ATKIN CHAMBERSLouise Elmes, FIELDFISHERDavid A. Price, HILL INTERNATIONAL


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EDITORS CHOICE


FIDIC Contracts Committee UpdateMain Conference Day 1, 1st DecemberEnrico Vink, Managing Director of FIDIC will be joined by other distinguished Contracts Committee members to deliver the annual run-through of all that has happened at FIDIC headquarters this year. And boy, have they been busy! Dont miss this opportunity to get the inside scoop on key ongoing developments and new projects in the pipeline for 2016 and beyond.

FIDIC Golden Principles Main Conference Day 1, 1st December Newly elected Chair of the FIDIC Contracts Committee, Zoltn Zhonyi, analyses the so called FIDIC golden principles embedded in the 1999 Forms and what would be the most appropriate way to avoid misuse of FIDIC contracts and what limits there might be for FIDIC to prevent such misuse to its standardised contracts. Insights into specific initiatives aimed at dealing with this problem will be shared with the audience.

FIDIC Contracts - The Way ForwardMain Conference Day 1, 1st DecemberNewly appointed Contracts Committee member, Vincent Leloup, will deliver an insightful presentation articulating the latest changes the construction industry has undergone in recent years, the pivotal role FIDIC has played in effecting change and how it may respond to future challenges as the industry evolves.

Ask the Experts Q&A SessionMain Conference Day 2, 2nd DecemberEminent Legal Adviser Christopher Seppl headlines this years Ask the Experts Q&A Session. Following last years success, weve extended this session to a full hour so that none of your questions are left unanswered. Mr Seppl will be joined on stage by Dr Nael Bunni, Aisha Nadar, and other experts. You can send your questions through to [email protected] now.

Time Bar ApplicationMain Conference Day 2, 2nd December Adrian Bell, Partner at CMS Cameron McKenna and Dr. Nikolaus Weselik (pictured), Partner at Austrian Practice CMS Reich-Rohrwig Hainz tackle one of the most critical issues for the industry: time bar application. This session will provide practical insights as to the reasons behind the application of time bars, their operation under common and civil laws (including recent legal developments), and ways around them.

Revision of the DAB RulesMain Conference Day 2, 2nd DecemberDid you know the FIDIC DAB Rules are presently undergoing extensive revision? Weve enlisted the help of FIDIC expert and Contracts Committee member Siobhan Fahey to help shed light on planned changes during a session where you get to have your say on specific clauses and help shape the future of the FIDIC DAB (this session will feature electronic voting).

Variations Under the FIDIC Forms of ContractMain Conference Day 2, 2nd December Changes to the works lie at the heart of many construction disputes. Holman Fenwick Willan Partners Max Wieliczko and Michael Sergeant will be joined on stage by Siobhan Fahey to dissect the burning issue of Variations Under the FIDIC Forms of Contract with their habitual panache and knowledgeable insight.

Arbitration and ADRMain Conference Day 2, 2nd DecemberExpertly led by Ellis Baker of White & Case (pictured) and featuring a number of seasoned FIDIC experts including Dr Nael Bunni, this session considers the opportunities for avoidance and early resolution of disputes under the FIDIC contract provisions. This is consistently one of the most highly rated sessions at the conference. Rightly so!

With over 40 speakers packed into 4 days of essential content, the Conference Director for the FIDIC International Contract Users Conference has selected some of the sessions you cannot afford to miss in 2015:

5To register or for the latest information, please visit: www.ibclegal.com/fi dic Tel: +44 (0)20 7017 5503 Email: [email protected]

ESSENTIAL UPDATES ON KEY BOOKS IN THE RAINBOW SUITE

Yellow BookWere well and truly in the homestretch now for the much anticipated release of the new Yellow Book! FIDICs update of the 1999

Yellow Book edition has now been distributed to selected distinguished construction and legal professionals for

their friendly review and constructive comments. Siobhan Fahey (pictured) and Aisha Nadar, lift the veil on the proposed changes that may appear in the fi nal draft when it is published.

Silver BookThe annual session dealing with FIDIC Design Build Procurement alternatives will discuss the latest developments and the

special features of the EPC/Turnkey Contract (Silver Book). How are the possibilities for the contractor to claim

extensions of time and additional payment more limited than under traditional contracts? Explore these and many other crucial questions with our panel of experts including Chris Fellowes (pictured) and Jonathan Hosie of Mayer Brown.

White BookFIDIC Contracts Committee members Mike Roberts (pictured) and Vincent Leloup will guide you through all the key clauses

of the new Client/Consultant Model Services Agreement. In addition to a full update on the new features of the FIDIC

White Book you will also understand how to effectively use the White Book to appoint the lead design consultant, the Engineer/Employers representative under a FIDIC contract, the risks arising from innovation, and much more besides.

Gold & Bronze BooksThis session, led by Dr Sebastian Hk (pictured) and featuring outstandingcontributions from Jacqueline Masterson of

Irish Water and Michael Mortimer-Hawkins,who drafted the Gold Book, will emphasise the pros & cons of this form of contract

with regards to this special procurement route, risk allocation and the management of claims and disputes. Youll also get to hear about the increasing demand in the industry for the Operate-Design-Build route (Bronze Book) and FIDICs timeline for the publication of a test edition.

Harmonised Red BookFIDIC Senior Advisor, Aisha Nadar (pictured) will be joined on stage by Evgeny Smirnov of the European Development Bank and

Vassilis Christakis of the Black Sea Trade & Development Bank to debate the comparative advantages of this form of

contract by exploring cost-cutting issues such as procurement, sustainability, value for money, and much more besides. All speakers will be happy to take your questions.

This years book-based sessions will bring you up to speed on critical updates that you need to keep abreast of. These are the sessions you should look out for:

@IBCLegalFIDIC

Follow us today and get the inside scoop on all that is new across the FIDIC Contract Users Conference series.

IBCLegalConferences Construction Law & Engineering Network

Insider information,

practical examples & case studiesL TEKLIC

KREBS UND KIEFER INTERNATIONAL

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We have selected four new case studies of FIDIC application from across different Jurisdictions to provide an in-depth view of how key FIDIC forms of contract are being used to underpin some large construction projects. These are the sessions youll not want to miss:

Insider information, practical examples & case studies

L TEKLICKREBS UND KIEFER INTERNATIONAL

NEW CASE STUDIES OF FIDIC APPLICATION BY USERS

Mega Power Plant Project in South Africa Alain Meric, Group Director for Large Projects at Vallourec (France) will present an insightful case study based on his direct experience of using the FIDIC Yellow Book in the construction of a mega power plant in South Africa. His presentation will provide an explanation of modifi ed or additional clauses in the FIDIC Yellow Book and well as present the issues encountered in executing the contract from a Contractors perspective, as well as Subcontracting aspects. Not to be missed!

Irish Water Use of the FIDIC Gold Book Jacqueline Masterson, a senior projects lawyer in Irish Water is a key member of the team that developed FIDIC Gold for use on Irish Waters current capital investment programme, which anticipates c. 1.3b expenditure on major projects, including c.167 DBO treatment plant contracts. Jacqueline will shareher preliminary fi ndings on the experience and share considerations that will no doubt resonate with other users in attendance.

Railway Projects in Turkey Under FIDIC and EU PRAG Transparency Rules Alfonso Pelosi, Contract Management FIDIC and EU PRAG Senior Expert at IRD Engineering (Italy) shares his experience of implementing of a Red Book work contract co-fi nanced by the EU, together with its relevant service contract, in the framework of the European Union rules and boundaries. Themes under examination include the harmonization of the FIDIC concepts and the PRAG procedures as well as the diffi culties faced by the Employer.

International Project for the Construction of a Nuclear Fusion Reactor (France) Having focused on some aspects FIDIC use in the ITER fusion reactor project last year we have once again asked Fusion for Energy to come along and talk us through all the important aspects of the project, which we didnt have the time to cover in 2014.Chris Guirado of F4E will review the changes made to the FIDIC standard forms (Red and Yellow books) including variations, design liability, the Engineers role and dispute resolution and provide feedback from contract administration.

To register or for the latest information, please visit: www.ibclegal.com/fi dic Tel: +44 (0)20 7017 5503 Email: [email protected]

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FIDIC International Contract Users Conference Main Conference Day 1 1 December 201508:30 Registration & Coffee

09:00 Opening Remarks from the Chair

Kaj Mller Member, FIDIC CONTRACTS COMMITTEE, Member, FIDIC EXECUTIVE COMMITTEE, Head of Export SWECO INTERNATIONAL (Sweden)

09:05 Overview of Current Developments in FIDIC Contracts by the FIDIC Contracts Committeen Global view by FIDIC Contracts Committee on procurement and contracts implementationn What is the FIDIC Contracts Committee working on at the moment?n FIDIC Contracts Committees Task Groups in progressn In the pipe line (underground works, FIDIC Glossary of Terms, Golden clauses)n The FIDIC Gold Book and the FIDIC Bronze Bookn Questions & answers

Enrico Vink Managing Director FIDIC (Switzerland)

Kaj Mller Member, FIDIC CONTRACTS COMMITTEE, Member, FIDIC EXECUTIVE COMMITTEE, President SWECO INTERNATIONAL (Sweden)

Zoltn Zhonyi Chair FIDIC CONTRACTS COMMITTEE (Hungary)

09:50 FIDICs Update of the 1999 Yellow Book: Potential Proposed Changes That are Currently under Friendly ReviewThe FIDIC 1999 Suite of Contracts (Red Book, Yellow Book and Silver Book) are currently being updated byFIDIC. While all the updated contracts will be published together at the same time, FIDIC has been workingfirst on updating the Yellow Book with the plan to continue then with harmonised update work on the RedBook and the Silver Book. Having been carefully considered by FIDICs Contracts Committee and SpecialAdvisors, in Autumn of 2015 the proposed update of the Yellow Book (marked up with proposed changesto the Yellow Book 1999) was distributed to selected distinguished construction and legal professionals fortheir review and constructive comments. While it may be the case that not all FIDICs proposed changes willsurvive such rigorous scrutiny, this session will give an outline of the main proposed changes to the YellowBook 1999 contract that may appear in the updated Yellow Book when it is published.

Siobhan Fahey Member FIDIC CONTRACTS COMMITTEE (Ireland)

Aisha Nadar Senior Consultant, Procurement and Dispute Resolution, ADVOKATFIRMAN RUNELAND; FIDIC Special Adviser, MDB Procurement (Sweden)

10:25

The New FIDIC White Book All You Need to Known Update on the new features of the FIDIC White Bookn Using the White Book to appoint the lead design consultantn Using the White Book to appoint the Engineer/Employers representative under a FIDIC Contractn The risks arising from innovationn Standard of performance: skill and care - what does fit for purpose mean?n Who should take the risk of unforeseeable mattersn Variation to services and programmen JV Agreement split teams and integrated teamsn Areas of concernn Questions & answers

Vincent Leloup Member FIDIC CONTRACTS COMMITTEE (France)

Mike Roberts Member FIDIC CONTRACTS COMMITTEE (United Kingdom)


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11:10 Morning coffee break

11:30 The Golden Principles of FIDIC Conditions of Contracts What makes FIDIC Unique?FIDICs 1999 suit of contracts have generally been used with great success in many projects. They are perceived as International Best Practice. Obviously, using FIDIC conditions of contracts has never been a guarantee for ultimate success - especially, if the actual conditions depart significantly from FIDICs basic principles! In more extreme cases, projects which have failed show substantial misuse of FIDIC contracts. This interactive session aims to analyse what would be the most appropriate ways (if any) to avoid misuse of FIDIC contracts and what limits there might be for FIDIC to prevent such misuse to its standardised contracts. Examples will be provided of FIDIC being modified because of Public Law and how this impacts negatively on projects. How can the industry deal with this? Insights will be offered from personal experience, as well as an outline of specific initiatives aimed at dealing with this problem. n What are the so called golden principles imbedded in the 1999 Forms?n Which clauses are immutable (once altered/deleted, the contract should never

been referred to later as a FIDIC Contract)?n Are there any means, that would enable FIDIC to have closer control on the use

of its standardised contract forms?n Could FIDIC provide a new generation of services, through which it would become

possible to avoid misuse of FIDIC Conditions of Contracts?

Zoltan Zahonyi Chair FIDIC CONTRACTS COMMITTEE (Hungary)

Aisha Nadar, Senior Consultant, Procurement and Dispute Resolution, ADVOKATFIRMAN RUNELAND; FIDIC Special Adviser, MDB Procurement (Sweden)

Giorgiana TecuciPaltineanu Partner; FIDIC Advisor TECUCI PALTINEANU AVOCATI (Romania)

12:10 International Case Studies Review Front Line Experiences from UsersThis panel session will assemble experienced FIDIC Contract Users from different regions and industry sectorsto share their experiences in using the FIDIC Contracts as key project administration tools in some of themost challenging environments. Delegates will benefit from listening to case studies on the FIDIC Red andYellow Book, as well as other books in the FIDIC Rainbow suite, and will also have an opportunity to pose any questions to the panellists. All case studies will be new to this conference.

CASE STUDY 1: Railways Projects Entailing the Use of FIDIC and the EU PRAG Transparency Rules (Turkey) n Implementation of a (200 million) Red Book Work contract co-financed by the EU, together with its relevant

Service contract, in the framework of the European Union rules and boundariesn Difficulties for the Employer n Harmonization of the FIDIC concepts and the PRAG procedures

CASE STUDY 2: ITER International Project for the Construction of a Nuclear Fusion Reactor (France)n A review of changes made to the FIDIC standard forms (Red and Yellow books) including variations, design

liability, the Engineers role and dispute resolutionn 3 years on: objectives during contract preparationn Feedback from contract administration

CASE STUDY 3: Mega Power Plant Project (South Africa)n Modified or additional clauses in FIDIC Yellow Bookn Issues in executing contract from Contractors perspectiven Subcontracting aspects

Alfonso Pelosi Contract Management FIDIC and EU PRAG Senior Expert IRD ENGINEERING (Italy)

Chris Guirado In-House Counsel FUSION FOR ENERGY (Spain)

Alain Meric Group Director Large Projects VALLOUREC (France)

13:10 Lunch Break


Main Conference Day 1 1 December 2015

9 To register or for the latest information, please visit: www.ibclegal.com/fidic Tel: +44 (0)20 7017 5503 Email: [email protected]

14:20 Managing Claims and Avoiding Disputes under FIDICThis session will discuss ways to try to avoid claims arising in the first place but then, if they do, how topresent and pursue a claim under a FIDIC Contract with particular reference to the following topics:

n How to minimise claims and, if the claims are disagreed, how to avoid contested claims from becoming disputesn Pursuing claims (if you havent managed to avoid them!)n Civil v common law comparison: different approaches to claim quantificationn The requirements for notices of claimn Can the conditions precedent for notices always be enforced?n What constitutes detailed particulars of a claim?n The Engineers obligations

Nicholas Gould Partner FENWICK ELLIOTT (United Kingdom)

Jeremy Glover Partner FENWICK ELLIOTT (United Kingdom)

Tim Haynes Senior Managing Director FTI CONSULTING (United Kingdom)

15:05 Ask the Experts Q&A Session

Moderator:


Experts:

Zoltan Zahonyi Chair FIDIC CONTRACTS COMMITTEE (Hungary)

Dr. Sebastian Hk Partner, HK, STEIGLMEIER & KOLLEGEN; Member FIDIC PRESIDENTS LIST OF APPROVED DISPUTE ADJUDICATORS (Germany)

Michael Mortimer-Hawkins Special Advisor FIDIC CONTRACTS COMMITTEE (Sweden)

15:35 Coffee Break

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FIDIC Integrity Management System (FIMS): New GuidelinesAs a companion document to the FIDIC Integrity Management System (or FIMS) Guidelines Part I Policiesand Principles, 1st Ed 2011, a Part II - Procedures document has been recently published. FIMS Part II is adocument designed to assist consulting firms, regardless of size or home country, in the development of aframework to manage and mitigate bribery and corruption risks that may be encountered in the businessenvironments that many companies face today. The document comprises two sections: the first one isconceptual and presents a unified view of risk areas regarding integrity and how firms could take preventiveactions; the second one includes some sample forms which illustrate how different companies are addressingintegrity issues in their day-to-day business operations.

n Brief review of FIMS I, Policies and Principlesn Key concepts in the FIMS II documentn A scalable and risk-based approach for implementing FIMSn Identification of critical projectsn Identification of potential wrongdoingn Examples of sample forms on how companies are addressing integrity risksn FIMS as a basis for a compliance programme

Dr. Jorge Diaz Padilla FIDIC Past President; Chair, FIDIC INTEGRITY COMMITTEE (Mexico)

Ahmed Stifi Member FIDIC INTEGRITY COMMITTEE (Germany)

Main Conference Day 1 | 1 December 2015

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The Engineers Roles and Risks Under FIDIC ContractsThis session will look at the key aspects of the role of the Engineer under FIDIC Works Contracts and highlight the main risks faced by the Engineer, the negative impacts of which are often Employer-driven without the Employer necessarily realising it. Coverage includes:

n The key Role of the Engineer in the FIDIC systemn The Parties understanding of the Role of the Engineer and the impact of Employers limiting the authority of Engineern The Engineers role in minimising conflicts and disputesn Future outlook for the role of the Engineern The Engineers risks under FIDIC contracts:

Simon R. Worley Chartered Civil Engineer; FIDIC Accredited Trainer; Member, FIDIC SUB-CONTRACT TASK GROUP (United Kingdom)

16:35

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Gold Book/Bronze BookThe Design-Build-Operate (Gold Book) procurement route continues to enjoy more and more popularity, withdeveloping banks and private investors valuing the opportunities and long-term perspective of this form ofcontract. At the same time the demand for the Operate-Design-Build route (Bronze Book) is also increasing,with FIDIC due to publish a test edition soon. Moreover the FIDIC DBO/ODB represents FIDICs likely futureapproach to claims and dispute - as already seen and tested in adjudication/arbitration. This session willgive you a short introduction into the Gold and Bronze Books. The emphasis will be on the pros & cons withregard to this special procurement route, risk allocation and the management of claims and disputes.

Dr. Sebastian Hk Partner, HK, STEIGLMEIER & KOLLEGEN; Member FIDIC PRESIDENTS LIST OF APPROVED DISPUTE ADJUDICATORS (Germany)Michael Mortimer-Hawkins Special Advisor FIDIC Contracts COMMITTEE (Sweden)Jacqueline Masterson Senior Projects Lawyer IRISH WATER (Ireland)

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MDB Harmonized Contract Recent DevelopmentsThe major Multilateral Development Banks (MDBs) adopted the General Conditions of the FIDIC conditions of contract for building and engineering works designed by the Employer (the FIDIC Conditions of Contract for Construction), and its previous version, in their Standard Bidding Documents (SBDs) for major works. The inclusion of the Harmonized FIDIC form of Contract in their SDBs serves to ensure environmentally and socially responsible procurement and successful project delivery. This session aims to provide an overview of the Harmonized FIDIC form of contract, as compared to the FIDIC Red book, and highlight its comparative advantages by exploring cross-cutting issues such as:n Procurementn Sustainabilityn Value for moneyn Questions & answers

Aisha Nadar Senior Consultant, Procurement and Dispute Resolution, ADVOKATFIRMAN RUNELAND; FIDIC Special Adviser, MDB Procurement (Sweden)Vassilis Christakis Principal Officer, Procurement & Corporate Governance BLACK SEA TRADE & DEVELOPMENT BANK (Greece) Evgeny Smirnov Senior Advisor EUROPEAN DEVELOPMENT BANK (United Kingdom) Dan Yang Former Procurement Director ADB (Philippines)

Closing Plenary Session

17:10 FIDIC Contracts The Way ForwardThe construction industry has been going through major changes over the recent years: the BIM boom andother innovations, the increasing PPP arrangements, the growing trend of mega projects worldwide and thedevelopment of alliance and partnering arrangements within the construction team, the growing demandfor health, safety and environmental stringent requirements on projects in link with CSR, etc. This sessionwill look at how FIDIC will deal with those changes in new Contracts release, and to discuss what role FIDICmay be called to play.n Environmental & social standards / corporate social responsibilityn Innovation how can technological innovation cope with FIDIC standard contract forms, and the other way around?n Partnering should FIDIC consider developing a specific partnering form of contract for the construction industry?n Public-private partnership (PPP) projects a growing trend worldwide and an area where FIDIC should step in?n BIM technological and contractual revolution: what role for FIDIC?n Comments from the floor


18.00 Networking Reception hosted by:

17:45 Chairs Closing Remarks and Close of Main Conference Day 1To register or for the latest information, please visit: www.ibclegal.com/fidic Tel: +44 (0)20 7017 5503 Email: [email protected]


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08:00 BREAKFAST BRIEFINGPractical Techniques for Dealing with Modified ContractsFIDIC contracts require the parties to add important details, such as the amount of delay damages, but also permit them to agree project-specific changes to the general conditions. This breakfast briefing will be an opportunity to consider some of the key issues arising when negotiating and agreeing such matters, identifying problem areas and pitfalls to look out for. The session will be interactive with practical examples used to facilitate discussion and exchange of experiences. Topics covered will include: n How do you modify a FIDIC contract? - some dos and dontsn Does the project location require a modification? n Choosing the governing law and other key termsn Dealing with changes to risk allocation and the dispute resolution clauses n Overview

William Godwin Barrister 3 HARE COURT CHAMBERS (United Kingdom)

Zoltn Zhonyi Chair FIDIC CONTRACTS COMMITTEE (Hungary)

08:45 Registration & Coffee

09:00 Chairs Opening RemarksZoltn Zhonyi Chair FIDIC CONTRACTS COMMITTEE (Hungary)

09:05 FIDIC for Design Build ProcurementDiscuss latest developments and the special features of the FIDIC Silver (EPC/turnkey) Yellow (P&DB) Books. How are the key completion risks of time, cost and performance addressed, who bears the risk if it goes wrong and how are claims managed? We will look at these and other key aspects of design-build contracting, including:n Managing cost, time and performance risks on EPC projectsn Employers base design risk and Contractor design development riskn Employers claims and Determinationsn Contractors claimsn Performance Security on international projectsn Questions & answers

Jonathan Hosie PartnerMAYER BROWN (United Kingdom)

Chris Fellowes Partner MAYER BROWN (United Kingdom)

09:50 Variations Under the FIDIC Forms of ContractChanges to the works lie at the heart of many construction disputes. In resolving ambiguities within theScope of Work the parties will need to refer to the provisions in the contract which allow such contradictionsto be resolved. In extreme circumstances a contractor may want to refuse to undertake a variation.n Does an item of work fall within the contract scope or is it an extra?n What FIDIC clauses help in assessing whether work is part of the scope?n Practical issues that arise in applying the FIDIC interpretation clausesn What variations can a Contractor refuse to carry out?n Will a Design & Build Contractor be responsible for the design of variations?n Can a Design & Build Contractor refuse a variation because it doesnt like the design risk?

Michael Sergeant Partner HOLMAN FENWICK WILLAN (United Kingdom)Max Wieliczko Partner HOLMAN FENWICK WILLAN (United Kingdom)Siobhan Fahey Member FIDIC CONTRACTS COMMITTEE (Ireland)

10:35 Networking Break & Refreshments


FIDIC International Contract Users ConferenceMain Conference Day 2

2 December 2015

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10:55 Time Bar Application under Civil Law and Common Law PerspectiveThe time bars for both Contractor and Employer claims are essential elements of the FIDIC Conditions ofContract. Their project management purpose is however not always fully understood by the Parties, andtheir effect on the Contractor in particular is regularly felt as being excessively harsh. This session will providepractical insights as to the reasons behind the application of time bars, their operation under common andcivil laws (including recent legal developments), and ways around them.

n Purpose of the mechanisms for administering and processing claimsn How common law treats the requirements on contractors to notify claims under clause 20.1n Whether clause 2.5 provides a more relaxed regime for employers under the common lawn Whether the approach to time bars in civil law jurisdictions is any differentn Potential escape routes

Adrian Bell Partner & Solicitor Advocate CMS CAMERON MCKENNA (United Kingdom)

Dr. Nikolaus Weselik Partner CMS REICH-ROHRWIG HAINZ (Austria)

11:40 Ask the Experts Q&A Session

Moderator:

Stphane Giraud Director Dams & River Works EGIS GROUP (France)

Experts:


Christopher R. Seppl Legal Advisor, FIDIC CONTRACTS COMMITTEE; Partner WHITE & CASE (France)

Dr Nael Bunni Chartered Engineer; Chartered Arbitrator; Special Advisor, FIDIC CONTRACTS COMMITTEE; Leader, FIDIC SUBCONTRACT TASK GROUP; FIDIC Adjudicator (Ireland)

12:40 Networking Lunch

14:00 Understanding Dispute BoardsThe FIDIC contracts are especially noteworthy in the requirement that all disputes go through the DABprocess and that a DAB is mandatory. The speakers will give an overview of this critical area as it appliesto the actual operation of a dispute board, their formation, dispute avoidance the issues that can arise, thecurrent legal update on DAB issues and appeals from DAB Decisions and their enforcement.

n Has the FIDIC Sub-clause 20 been properly implementedn Proactive dispute avoidancen Can the DAB hold its decisions for ransomn Appointment of the DAB and removaln The Contractor is not entitled to its current claim due to the time-barred clausen The Contractor has brought one of the DABs decisions to arbitration for enforcement and wants the assistance

of the DAB.

Peter Collie Barrister, Chartered Arbitrator, Accredited Mediator, Adjudicator, Dispute Board Member 3PB BARRISTERS (United Kingdom)

Murray Armes Global Dispute Avoidance/Resolution Specialist, Arbitrator, Dispute Board Member, Adjudicator, Mediator, Architect Expert SENSE STUDIO (United Kingdom)

14:50 Revision of the DAB Rules Have Your SayAlong with the review and update of the FIDIC Yellow Book, Red Book and Silver Book, FIDIC is reviewing the Dispute Adjudication Rules with a view to updating them to reflect current best practice for Dispute Boards. Some changes and improvements that are being contemplated will be outlined during this session and delegates will have the opportunity to give their vote for or against using electronic voting technology.




13

15:40 Networking Break & Refreshments

16:00 Arbitration & Alternative Dispute ResolutionThis session considers the opportunities for avoidance and early resolution of disputes under the FIDIC contract provisions. This is intended to equip the representatives and advisors of the Parties and the Engineer to make good choices in moving towards a cost effective resolution.

Ellis Baker Head of Construction & Engineering Practice Group, WHITE & CASE; Lead Author of FIDIC Contracts in Law and Practice (Informa, 2009) (United Kingdom)

Dr Nael BunniChartered Engineer; Chartered Arbitrator; Special Advisor, FIDIC CONTRACTS COMMITTEE; Leader, FIDIC SUBCONTRACT TASK GROUP; FIDIC Adjudicator (Ireland)

David Streatfeild-James QC Barrister, ATKIN CHAMBERS (United Kingdom)

Aisha Nadar Senior Consultant, Procurement and Dispute Resolution,

ADVOKATFIRMANRUNELAND; FIDIC Special Adviser, MDB Procurement (Sweden)

17:00 Final Q&A

17:20 Close of Main Conference

To register or for the latest information, please visit: www.ibclegal.com/fi dic Tel: +44 (0)20 7017 5503 Email: [email protected]


I really enjoyed meeting new people and discussing common issuesT WOODFORD

GUERNSEY ELECTRICITY I really enjoyed meeting new people and discussing common issuesI really enjoyed meeting new people and discussing common issuesI really enjoyed meeting new people and discussing common issuesI really enjoyed meeting new people and discussing common issuesWorking with FIDIC/IBC Legal

How are you capitalising on your fi rms unique qualities in the current market? Thought leadership (demonstrate your depth of expertise to a captive audience) Networking (create new and enhance existing client relationships) Brand exposure (superior profi le so your clients think of you fi rst)

For more information, please contact Ayo Fagbohun on +44 (0)20 7017 4196 or [email protected]

14To register or for the latest information, please visit: www.ibclegal.com/fidic Tel: +44 (0)20 7017 5503 Email: [email protected]

PRE-CONFERENCE WORKSHOPS 30 November 2015WORKSHOP A:

Introduction to the FIDIC Rainbow Suite of Contracts

Full Day (09:00 -16:30 - Registration & Coffee from 08:30)

Ideal as a refresher course for experienced FIDIC users or as an introductory session for those just getting acquainted with the potential of the suite. Attend this workshop to acquire essential knowledge of the main forms of contract comprised in the rainbow suite of FIDIC contracts. FIDIC contract experts will take you through the entire rainbow book collection and explain in detail the specificities and purposes of each form. FIDIC experts will invite delegates to participate in practical exercises exploring key concepts embodied in the FIDIC contracts.

n Different contract strategies addressed by the FIDIC suiten Detailed analysis of the FIDIC rainbow collection of forms of contract: - Green Book - Red Book - Yellow Book - Silver Bookn Risk allocation and business processes for the FIDIC suiten The growing influence of FIDICs suite of contracts in establishing

world-class industry standardsn How FIDICs major works contracts are being used worldwiden Comparative advantages of FIDIC in relation to other forms of

contractn Emerging FIDIC users regions and hot spots

Led by:

WORKSHOP B:

Practical Comparison of Approaches under Civil and Common Law Jurisdictions

Full Day (09:00 -16:30 - Registration & Coffee from 08:30)

This workshop will have construction law experts from key civil and common law jurisdictions to provide a comparative analysis of the different approaches to construction law around the world and how this affects your construction contract. The first part will introduce the sources of the applicable law and key difference and similarities in construction law principles such as taking-over, defects liability, limitation of liability, etc between civil and common law jurisdictions. Dr Wolfgang Breyer will then lead attendees in exploring how to handle international FIDIC construction contracts under civil and common law jurisdictions through an interactive case study. Session coverage includes:n Detailed comparison of construction contracts and introduction to

sources of law under: - German Civil law - English Common law - French Civil law - GCC Countries Civil lawn Handling FIDIC international construction contracts under civil and

common law jurisdictionsn Interactive session: problem scenarios on how FIDIC operates under

applicable lawSession will be for attendees with some FIDIC knowledge who are involved in international work

Led by:

Dr Wolfgang Breyer Specialist Attorney, International Construction Law BREYER RECHTSANWLTE


POST-CONFERENCE WORKSHOPS 3 December 2015

WORKSHOP C:

Advanced Dispute Resolution TechniquesHalf Day

(09:00 - 12:30 - Registration & Coffee from 08:30)

This workshop is an opportunity for discussion and involves working through a mock dispute that progresses through FIDICs dispute escalation provisions. Workshop leaders will guide you through tools for avoiding and resolving disputes. By attending this workshop, you will gain a comprehensive understanding of:

n Practical issues, options and solutions in avoiding and resolving disputes: when negotiating contracts and during projects

n The pros and cons of each stage of FIDICs dispute escalation processes n Approval / disapproval of claims and determinations n Dispute Adjudication Boards n Amicable settlement discussions n Arbitration, including enforcement of awards n Calls on on-demand bonds and the constraints in FIDICs Conditions

of Contract

Led by:

WORKSHOP D:

Construction Claims & DefenceHalf Day

(14:00 - 17:30 - Registration & Coffee from 13:30)

Attend this practical workshop for an introduction and overview to claims procedures, assessing and claiming extensions of time, how and when the Contractor may claim additional payment and how and when theEmployer may make financial claims.

n Claims notices and proceduresn Claims for extensions of time n Assessing extensions of timen Claims for additional paymentn Employers financial claims

Led by:

Rupert Choat Barrister, Arbitrator and Mediator ATKIN CHAMBERS

David A. PriceSenior Vice President of Business Development and StrategyHILL INTERNATIONAL

Louise Elmes Of Counsel (Barrister) FIELDFISHER


Enrico Vink Managing Director FIDICEnrico Vink is Managing Director of FIDIC, having been appointed in 2004. He was born in New Zealand, but also

holds Dutch nationality. He was awarded a Masters Degree in Languages & Literature from Auckland University in 1979. Enrico is a Founding Member of the NZ Society of Association Executives, and was its President from 1999-2001. He was a founding member of the NZ Construction Industry Council and chaired a task group on Best Practice Procurement. He was also involved in projects looking into the Definition of Design Services, and also Selection Procedures for Consulting Engineers. Prior to joining FIDIC, Enrico was chief executive of the Association of Consulting Engineers NZ for ten years. Prior to that he worked for the NZ Government from 1979-1989, and spent four years as Trade Commissioner in Germany. Enrico has been involved in FIDIC since 1990, attending his first FIDIC conference in 1994.

Kaj Mller Member FIDIC CONTRACTS COMMITTEEKaj Mller Head of Export for Sweco Group and President for Sweco International AB-, a Swedish Consulting

Engineering group with more than 9,000 employees, performing business in 12 European countries and exporting some 10 % of its services to some 60-80 countries annually. Mr. Mller has been occupied in the export side of the engineering consulting sector throughout his carrier of almost 25 years, serving projects and clients mainly in the infrastructure and energy sector. Since 2011 Mr. Mller is a member of FIDICs Executive Committee on behalf of the Swedish Member Association STD and is the boards liaison with FIDICs Contracts Committee. Mr. Mller is also currently a member of an advisory group to the European Commission upon the topic of how to develop the business service sector within EUs one single market. Mr. Mller holds a M.Sc. in Civil Engineering since 1991 from the Royal Institute of Technology, Stockholm, as well as a Exec. M.B.A. since 2002 from the Stockholm School of Economics. Mr. Mller was born 1964.

Zoltn Zhonyi Chair FIDIC CONTRACTS COMMITTEEZoltn Zhonyi (1967) holds a degree of M.Sc. in Civil Engineering (Budapest,1991) and a postgraduate

degree in Law (Budapest, 2004). Zoltn is a consulting engineer providing consultancy services for engineers, employers as well as contractors for major infrastructure projects, as a leading partner in his private consulting engineering partnership Z & Partners. He has been involved in a number of Task Groups and the Contracts Committee of the international FIDIC organisation since 2007 (CC member from 2009) and is the newly elected Chair of the FIDIC Contracts Committee. He is a registered dispute adjudicator in Hungary and an accredited international FIDIC trainer.

Nael Bunni Special Advisor FIDIC CONTRACTS COMMITTEEDr. Bunni is a Chartered Engineer, Registered Chartered Arbitrator and Conciliator/Mediator. Also,

Visiting Professor in Construction Law and Contract Administration at Trinity College Dublin. He is Past President of the Association of Consulting Engineers of Ireland (1987/1988); Past President of the Chartered Institute of Arbitrators, world wide (2000/2001); and Past Chairman of its Irish Branch (1986/1989).Between 1994 and December 2007, Dr. Bunni was a member of the Board of Directors of the London Court of International Arbitration; between 1995 and 2005, Chairman of The Dispute Resolution Panel of the Institution of Engineers of Ireland; between 2004 and 2012, member of the Board of Trustees of the Dubai International Arbitration Centre and Chairman of its Executive Committee; and between 2004 and 2009, a member of the FIDIC Contracts Committee.

Aisha Nadar Senior Consultant, Procurement and Dispute Resolution; FIDIC Special Adviser, MDB Procurement ADVOKATFIRMAN RUNELANDFor over 25 years, Aisha has been

actively involved in all phases of the negotiation and implementation of large-scale cross-border

infrastructure and defence programs. Her procurement and international contract management experience includes holding senior level positions in the US, the Middle East and Europe. Aisha joined Advokatfirman Runeland as a contract and dispute resolution consultant in September 2012, where she regularly advises clients on strategic procurement planning, contract drafting, contract management and dispute resolution. She acts as arbitrator, mediator and adjudicator and is retained regularly by parties, party counsel and arbitral Tribunals in matters involving international arbitration, mediation and dispute boards.She has experience with ICC, LCIA, SCC, DIAC, UNCITRAL and FIDIC rules.

Christopher Seppl Legal Advisor; Partner FIDIC CONTRACTS COMMITTEE; WHITE & CASEChristopher R. Seppl is a Partner at White & Case LLP, France, and a

Special Advisor to the FIDIC Contracts Committee; Vice President Emeritus, ICC International Court of Arbitration; and a member of the Editorial Advisory Board of The International Construction Law Review.He was Legal Advisor (and Member) of FIDICs Update Task Group which prepared the three current FIDIC conditions of contract for major works (the Red, Orange and Silver Books), published in 1999. He has been Legal Advisor (and Member) or Special Advisor of the FIDIC Contracts Committee continuously since 1992. Christopher Seppls main areas of practice are international commercial arbitration and international construction.

Michael Mortimer-Hawkins Special Advisor FIDIC CONTRACTS COMMITTEEAfter working for civil engineering contractors in the UK for about 15 years, Michael Mortimer-Hawkins worked as

a Consulting Engineer in Sweden for about 20 years, specializing in the contractual aspects of international construction projects. He is now retired and working as an independent Consulting Engineer providing advisory services and dealing with claims management and dispute resolution. Michael was a member of the DAB on two major projects for the LHC particle accelerator for CERN in Geneva and also on the Kafue Gorge power station rehabilitation project in Zambia. He has been

working with FIDIC for more than 30 years on their Contracts Committees, of which he was Chairman in 1999-2000, and where he is now a Special Adviser. He was Chairman of the DBO Task Group responsible for producing the Conditions of Contract for DBO projects and is currently a member of the Task Group looking at the Conditions of Contract for Brown Field ODB projects.

Alain Meric Group Director Large Projects VALLOUREC Alain Meric is Vallourec Groups Director for large industrial projects. Previously, he was project director at Alstom in charge

of the Kusile power plant project (South Africa). He has 20 years hands-on experience managing international programmes & projects for energy and water infrastructure, in excess of 2.5 billion. Alain has been practitioner of FIDIC contracts both as employer and as contractor. Alain is a civil engineer, graduate of Ecole Polytechnique (Paris) and Ecole des Ponts Paritech (Paris), and certified PMP.

Vincent Leloup Member FIDIC CONTRACTS COMMITTEEVincent Leloup is a Member of FIDIC Contracts Committee, as well as Founder and Managing Partner of Exequatur, a

consultancy firm delivering contract solutions for the construction industry. Vincent has over 15 years of experience in the industry in Europe, Africa, Asia and the Middle East, first for multinational Contractors then in the consulting engineering business and now delivering contract solutions services to Employers, Contractors and Engineers. Sectors: Power (nuclear, renewable and conventional energy), water & waste-water infrastructure, ports, roads, and industrial facilities. His experience covers various countries including France, England, Bulgaria, Romania, Serbia, Croatia, Kosovo, Armenia, India, China, Algeria, Morocco, Mali, Senegal, Burkina Faso, UAE, and Vietnam. He has expertise in large-scale construction project management, executed along FIDIC conditions of contract.

MEET 40+ FIDIC EXPERTS & USERS INCLUDING...


MEET 40+ FIDIC EXPERTS & USERS INCLUDING...Evgeny Smirnov Senior Advisor EBRD Evgeny Smirnov is a senior procurement specialist working at the Procurement Policy Department of the European Bank

for Reconstruction and Development. He coordinates the Banks policy dialogue with the governments of the Banks countries of operation in respect of public procurement. He also provides policy and specific project implementation and risk management advice to the Banks operational teams and clients. He is a member of EBRD-UNICTRAL Task force as well as OECD/ACN monitoring teams for selected countries. He reads lectures on contract management for the International Master in Public Procurement Management, Rome University Tor Vergata. Since joining the Bank in 2000 he worked with Infrastructure Business Group on numerous projects in many of the Banks countries of operation, being responsible for developing project delivery strategies, advising and assisting clients for transport, municipal and environmental projects, supervising procurement and contract management processes.

Jonathan Hosie Partner MAYER BROWNJonathan Hosie is a partner in the Construction and Engineering Practice, who focuses on the management of

risks under construction and engineering contracts. He provides clients with both front-end procurement and drafting advice on project documentation as well as dispute management representation, involving such diverse projects as power stations, petrochemical plants and process engineering, mining concessions, tunnels, transportation systems (road, rail and water), large utility contracts (in the water, energy and telecommunications sectors), city centre office developments, hospitals, schools and mixed use developments. As part of his commitment to the industry, he served on the Council of the Society of Construction Law for more than 10 years and has chaired a number of industry working groups, including within the Design Build Foundation (now Constructing Excellence) and for the Joint Contracts Tribunal on the development of a multi-disciplinary form of appointment.

Ellis Baker Partner, Head of Construction and Engineering WHITE & CASEEllis Baker is Head of the White & Case Construction and Engineering Practice

in London. Ellis advises on both project development and dispute resolution across all sectors, including on power stations, oil and gas installations, metals and mining, process plants, hydroelectric dams, commercial developments and infrastructure. His infrastructure work includes, major transport projects, including international airports, and advising Qatar Rail in relation to the Qatar Integrated Railway Project, in particular on the main contract and subcontracts for the Doha Metro. He is the lead author of the seminal text FIDIC Contracts: Law and Practice and is currently acting as Legal Advisor to the FIDIC Update Task Group, which is updating the FIDIC suite of contracts.

Adrian Bell Partner & Solicitor Advocate CMS CAMERON MCKENNAAdrian is a partner in the Energy, Projects and Construction Disputes team and is a qualified solicitor advocate. He

joined CMS in February 2002. Adrian advises on dispute avoidance and all types of dispute resolution procedures inthe construction, energy and infrastructure sectors. He specialises in substantial and complex claims, both in the UK and internationally. Adrian is a member of the IBA, the LCIA Young International Arbitration Group, the Solicitors Association of Higher Court Advocates, the Society of Construction Law, and the Technology & Construction Solicitors Association. He is also a trustee and the company secretary of a national charity for the rehabilitation of young offenders. Client feedback (in-house counsel): Adrian has the capability to pick something up, instantly understand it and finish it with speed and efficiency. Chambers & Partners 2015: he is excellent with clients and superb in dealing with the other side. He is further praised by sources as a good team co-ordinator. He has impressed me with his knowledge of arbitration procedure. Legal 500 2014: is very involved in the detail, and sensible tactically.

Michael Sergeant Partner HOLMAN FENWICK WILLANMichael is a specialist construction lawyer with over 20 years experience. He advises on contracts and procurement

but his principal focus of work involves helping clients during the course of a project when problems arise or claims need to be brought. He has advised in relation to a wide range of UK and international projects, including civil engineering, road building, petro-chemical, renewable energy, off-shore, office development and land remediation. In relation to such projects, he has acted for the full range of participants involved in the construction industry, including developers, energy companies, government organisations, contractors and consultants. Michael has experience of acting in relation to a wide variety of claims, including delay, disruption, variations, defects and termination disputes; and in relation to the full range of forums for dispute resolution including mediation, adjudication, DABs, arbitration and litigation.

Jeremy Glover Partner FENWICK ELLIOTTJeremy Glover, a partner at Fenwick Elliott, advises on all aspects of projects both at home and abroad, from initial

procurement to where necessary dispute avoidance and resolution. Recognised for international arbitration work in both Chambers and the Legal500, Jeremy has considerable recent experience of representing clients in both DAB and International Arbitration proceedings on projects where the FIDIC form of contract has been used. Jeremy is also the co-author of Understanding the FIDIC Red Book, the second edition of which was published in January 2012 and is the lead editor of Building Contract Disputes: Practice and Precedents. Jeremy is a member of the Board of Examiners on the Centre of Construction Law MSc programme at Kings College, London where he also teaches on adjudication and FIDIC issues.

Nicholas Gould Partner FENWICK ELLIOTTNicholas conducts a mix of contract drafting, strategic project advice and dispute resolution work. He acts in

a wide range of construction sectors in the UK and internationally, including general construction, transport, communications, industrial, process plant, petrochemical, and energy. Dispute resolution experience spans litigation, arbitration (domestic and international), adjudication, DAB/DRB, mediation, early neutral evaluation and expert determination. He regularly acts as a mediator in construction, engineering and commercial disputes, and sits as adjudicator on international Dispute Adjudication Boards and as arbitrator. Legal 500 UK 2012 lists Nicholas in Construction and International Arbitration as an esteemed practitioner. Chamber & Partners 2011 notes Nicholas for his ability to pre-empt potential problems and provide advice in a clear manner that maintains the individual needs of clients. The IBAs 2008 and 2013 edition of International Whos Who of Business Lawyers Today listed Nicholas as one of the ten most highly regarded individuals internationally for construction law.

Alfonso Pelosi Contract Management (FIDIC & EU PRAG Senior Expert) IRD ENGINEERINGAlfonso Pelosi is a Contract Management Senior Expert on FIDIC

(Red and Yellow Books) as well as EU PRAG / Practical Guide, as part of his role with IRD Engineering. He has provided technical assistance and helped strengthen the capacities of the Turkish Ministry of Transport / IPA Unit and end-recipients in Turkey - EuropeAid/129856/D/SER/TR - High Speed Railways construction. Alfonso has 34 years of experience in multidisciplinary teams for Project Management and Construction of primary infrastructures, Roads, Railways, Highways, Bridges, Viaducts, Tunnels, Dams, Hydroelectric Power Plants, Water and Wastewater systems. Projects financed by EU, WB, ADB, Italian government, and carried out in developing countries with FIDIC Conditions of Contract and procedures, and in Italy.


MEET 40+ FIDIC EXPERTS & USERS INCLUDING...Chris Fellowes Partner MAYER BROWNChris Fellowes is a partner in the London office of Mayer Browns Construction and Engineering Group, specifically

focusing on transactional construction and engineering matters including procurement and tender issues. He acts for employers, contractors, developers and funders. His experience comprises drafting, advising and negotiating on all aspects of national and international construction and engineering contracts using both bespoke and standard forms of contracts such as FIDIC, IChemE, NEC, MF/1 and JCT. Chris has advised on large and complex UK and international projects including the expansion of the Panama Canal.

Stphane Giraud Director Dams & River Works EGIS GROUP Stphane Giraud is Director of Dams & River Works at Egis Group, France. He is a Water specialist in Construction

supervision. Hes able to manage all aspects of large international construction projects funded by IFIs such as WB, AfBD, ADB, AFD, or private sector. Hes been project manager and project director for many major construction projects in emerging countries in India, Pakistan, Mongolia, Russia, Thailand, Ethiopia, Kenya, Senegal, Algeria, Rwanda, Mozambique, Tanzania, Kazakhstan, Armenia or New-Zealand. Stphane also provides advisory services in project management and FIDIC contracts and has been mobilized for DAB missions. He passed the accreditation for FIDIC Trainer and for FIDIC Adjudicator as DAB (Dispute Adjudication Board), hes on the french list (Syntec) since 2012.

Max Wieliczko Partner HOLMAN FENWICK WILLANMax has specialised exclusively in construction law since qualification and provides advice in relation to

all aspects of project procurement and delivery, as well as dispute avoidance and resolution including litigation, arbitration and adjudication, both in the

United Kingdom and internationally. Max also facilitates the settlement of disputes and represents clients in negotiations, mediations and other forms of Alternative Dispute Resolution. Maxs experience spans the entire construction spectrum ranging from a wide variety of infrastructure projects including oil and gas production facilities; tunnelling, roads, railways and bridges, through energy from waste facilities and other power plants; hospitals, hotels, factories, and major residential, office and retail developments. Max has a degree in law from University College London, and was admitted as a solicitor in 1987, he then became a partner at Winward Fearon in 1994 and immediately prior to joining HFW headed Maxwell Winwards construction department. Max is a Member of the Society of Construction Law, Technology and Construction Solicitors Association, the Adjudication Society, and is a CEDR accredited Mediator.

Mike Roberts Member FIDIC CONTRACTS COMMITTEEMike is a member of the FIDIC Contracts Committee and has been heavily involved in the new White Book

project in that capacity. Mike is a consultant to Whiskers LLP and specialises in construction law. Prior to joining Whiskers LLP he was Head of Contracts Department for Mott MacDonald Group and advised on all project related procurement and contractual matters on commissions worth over 1bn a year. Mike has over 40 years of experience in the construction industry both as a design engineer, site supervision engineer and for the last 20 years as a construction lawyer. Mike has both an Honours degree in Engineering Science and a Masters degree in Construction Law and Arbitration from Kings College in London. He is a Chartered Engineer, Fellow of the Institution of Civil Engineers and Fellow of the Chartered Institute of Arbitrators and is a past panel member of the CIArbs panel of Construction Industry Adjudicators.

Chris Guirado In-House Counsel FUSION FOR ENERGYChris Guirado is a senior in-house counsel at Fusion for Energy, an intergovernmental agency tasked with

part of the construction of an experimental nuclear fusion facility located in Southern France. She advises project teams on engineering and construction contracts during the tendering phase and contract administration. Previously she worked in private practice at Lovells and in the industry. Chris holds an LLB from Edinburgh University and a MSc in Construction Law and Dispute Resolution from Kings College.

Dr Sebastian Hk Adjudicator FIDIC PRESIDENTS LIST Dr. Gtz-Sebastian Hk has extensive international project and commercial experience gained while living and

working in Europe, the Middle East, Africa and Asia. For the past 20 years he has been partner and senior partner of Dr. Hk, Stieglmeier & Kollegen. Dr. Hk is acting as arbitrator, adjudicator and legal counsel and also a fully accredited FIDIC trainer. He is a lecturer at Berlin Universtity of applied science for construction contract management. Since 2009 he is a FIDIC listed Adjudicator. He was member of FIDIC DAB and arbitral panels in Armenia, Bosnia, Germany, Latvia, Tanzania and Poland. Dr. Hk has written various books and articles in French, English and German on FIDIC forms of contract. He is a co-author of the book FIDIC for Practitioners and member of the German Dispute Adjudication Assessment Panel and former past Chairman of Eurojuris Commission International Litigation.

Simon R Worley Member FIDIC SUB-CONTRACT TASK GROUPUniversity Degree qualified UK Chartered Engineer with nearly 30 years

of professional experience working for Consultant, Client and Contractor organizations as well as directly for International Financing Institutions such as EBRD and KfW. In the past he held the positions of Vice President, Regional Director, Project Director, and Project Manager in the planning, procurement, design, tendering, construction supervision and management of FIDIC (and other) Contracts for water supply, sewerage and waste-water treatment, marine, highway and structural work in the UK and internationally. He currently leads

his own UK-based partnership. Mr Worley has extensive experience in construction and construction supervision spanning his entire career, including having been the FIDIC Engineer on some 25 international contracts. He is particularly familiar with and has substantial experience in dealing with claims and disputes under the FIDIC Cons and P&DB 1999 editions of the Conditions of Contract, and advises both Contractors and Employers on claims, disputes and adjudications.

William Godwin Barrister 3 HARE COURT CHAMBERS William is a highly experienced litigator. He specialises in commercial and construction law, often with a cross

border element, and international arbitration. He is an arbitration panel member of the China International Economic and Trade Arbitration Commission, the Shanghai International Arbitration Center and the Dubai International Arbitration Center. A graduate of University College London (first class) and Oxford University (DPhil), William is a visiting lecturer at the City University London. He is a Board member of the Great Britain-China Centre.

Jorge Diaz Padilla FIDIC Past President FIDIC INTEGRITY COMMITTEEDr. Daz Padilla has worked in the consulting engineering industry for more than 40 years. Trained and

registered as a civil engineer he received Engineering and Masters Degrees from the National University of Mexico and a Ph.D. in engineering systems at the Massachusetts Institute of Technology (MIT). His professional experience has been in project and contract management. He has participated in the settlement of claims, disputes and arbitration regarding FIDIC contracts in Latin America and is an accredited FIDIC trainer in contracts and integrity management. Dr. Daz Padilla has been the only Latin American appointed as President of FIDIC since its foundation in 1913 and chairs its Integrity Management Committee.


MEET 40+ FIDIC EXPERTS & USERS INCLUDING...David Streatfeild-James QC Barrister ATKIN CHAMBERSDavid Streatfeild-James QC has been in practice at Atkin Chambers for over 20 years, gaining an outstanding reputation.

He is particularly well known for litigating or arbitrating high value, legally, factually and technically complex cases, and has acted for governments, private employers, contractors and professionals both domestically and internationally. He has also been appointed as an arbitrator. He has been recognised for many years as a leading practitioner by all the legal directories, in the fields of construction, international arbitration, energy and natural resources, information technology and communications and professional negligence.

Dr. Nikolaus Weselik Partner CMS REICH-ROHRWIG HAINZDr. Nikolaus Weselik is a Partner at CMS Reich-Rohrwig Hainz in Austria and Head of the Real Estate and

Construction Practice. He has extensive experience in construction and real estate law advising on real estate projects, and providing arbitration and litigation services. He is a frequent speaker at numerous seminars on construction and property law and is the author of several books on construction law. Nikolaus Weselik was repeatedly elected by the Real Estate Magazine in the Top100 construction and real estate industry and is recommended by Chambers Global not only for its legal, but also his technical knowledge.

Vassilis Christakis Principal Officer, Procurement & Corporate Governance BLACK SEA TRADE & DEVELOPMENT BANKVassilis Christakis is Principal Officer

(Procurement & Corporate Governance) at the Black Sea Trade & Development Bank (BSTDB). He joined BSTDB in 2000 and has been in his present role for the past eight years. As Principal Officer Vassilis is responsible for Procurement, Corporate Governance and Operation Life Cycle Coordination (SAP). Prior to joining the Black Sea Trade and Development Bank in Greece, Vassilis was a Contracts Consultant at the UNIDO, which

is the specialized agency of the United Nations that promotes industrial development for poverty reduction, inclusive globalization and environmental sustainability. He graduated from Brown University (BA, Magna Cum Laude, Major in History, Major in International Relations) in 1996 and was awarded an MSc, International Diplomacy and Foreign Policy by Georgetown University in 1997.

Ahmed Stifi Member FIDIC INTEGRITY COMMITTEEAhmed Stifi has received his Bachelor of Science in Civil Engineering from University of Aleppo in Syria in 2001 and

his Master of Science in Construction Management from Technical University of Darmstadt in Germany in 2007. After 5 years of international work experience for CDM Smith at large-scale construction projects like Metro Duesseldorf in Germany, The World Island & Palm Deira in UAE and 5000 Unit Housing and Infrastructure Project in Libya he attended the research team of Karlsruhe Institute of Technology in 2012 and currently he is working as a senior researcher and lecturer at Institute of Technology and Management in Construction where he is pursuing his Ph.D. His area of interest is Lean Construction and Construction Management.

Peter Collie Barrister 3PB BARRISTERSPeter has 35 years experience in the construction industry and has worked as legal adviser on major projects around

the world. According to The Legal 500 UK Peter has acted in several international multimillion-pound disputes, he stands out as being a specialist and is recommended as extremely knowledgeable, tactical and reliable. After 15 years working in the construction industry, Peter was called to the Bar in 1994. Peter is on the FIDIC Presidents Panel of Dispute Board Members. This list is currently limited to 61 people worldwide. He is a member of the Dispute Resolution Board Foundation. Peter is an international adjudicator on Dispute Adjudication Boards, Dispute Resolution Boards and Dispute Avoidance Boards. He has lectured on the benefits of Dispute Boards in the UK, India, Mauritius and Dubai. He has been appointed to dispute boards by

FIDIC and the ICC.

Tim HaynesSenior Managing DirectorFTI CONSULTINGTim Haynes has nearly 30 years experience as a project manager, commercial and contractual adviser

gained with major building contractors and contract consultancies. He leads the FTI Consulting Construction Solutions business in EMEA. Tim acts as an expert in quantum and construction/project manager disputes and is a specialist in commercial and contractual audits on major projects. He has gained this expertise in the private and public sector of the construction industry, including commercial, housing, oil, gas, road, rail and infrastructure projects. Tim also has extensive experience in the analysis and resolution of commercial and contractual problems on major projects in the UK, Europe and Middle East.

Siobhan Fahey Member FIDIC CONTRACTS COMMITEESiobhan Fahey is a Chartered Civil Engineer who specialises in construction law and resolution of construction

disputes. An independent consultant since 2004, Siobhan spends her working life as an Arbitrator, Conciliator and Mediator of construction disputes, but also provides advice and training on contracts and dispute resolution. Siobhan became a Chartered Engineer in 1996, completed a law degree in 1997, obtained a postgraduate diploma in Arbitration in 2000, became a Chartered Arbitrator in 2009, andqualified as an Accredited Mediator with CIArb in 2011 and an International Accredited Trainer with FIDIC in 2012 (Module 1) and 2013 (Module 2). She has worked internationally for consulting engineering firms, government agencies and contract consultancy firms advising contractors and developers.

Dan YangFormer Procurement Director, ADB Dan Yang worked for Asian Development Bank (ADB) for 23 years and retired in 2014. She was one of

the two Procurement Directors in ADB responsible for overall procurement related mandate for ADB. She led a team of procurement specialists in providing policy and advice and conducting due diligence review and supervision for ADB funded project procurement activities in various sector including transportation, energy, social and environment. She helped to promote the good ADB-FIDIC partnership and representing ADB, she participated in various FIDIC activities. She also coordinated FIDIC training for ADB staff on MDBs harmonized Standard Bidding Documents and contract management and arbitration.(Philippines)

Meet your workshop Leaders

Dr Wolfgang Breyer Specialist Attorney, International Construction Law

BREYER RECHTSANWLTE

Rupert Choat Barrister, Arbitrator and Mediator ATKIN CHAMBERS

Louise Elmes Of Counsel (Barrister) FIELDFISHER

David A. PriceSenior Vice President of Business Development and StrategyHILL INTERNATIONAL

20

Supporting Partner

White & Case is a leading global law firm with lawyers in 41 offices across 30 countries. The White & Case Construction & Engineering group assists clients around the world on all their construction-related needs, from drafting of tender and project documentation to the resolution of disputes which may arise from or in relation to a construction project.

Supporting Sponsors

Mayer Brown is a leading global business law firm with substantial international projects and construction experience. The firm is well known for advising lenders, project sponsors, asset owners and contractors on the development and financing of large and complex projects in the energy, natural resources and infrastructure sectors. Mayer Brown also advise on the resolution of substantial disputes arising out of major projects as part of the firms International Arbitration practice, with experience under the rules of all major arbitral institutions. The Construction & Engineering group in the firms London office offers specialist advice and works closely with colleagues across the globe on many of these projects in jurisdictions throughout Latin America, the Middle East and across Africa.

CMS has more than 3,000 lawyers in 58 offices around the world and frequently operates in those countries where we have no permanent base.

We are recognised as market leaders and top-ranked by independent directories for our expertise in Construction (International Arbitration, Purchaser and Supplier), PFI/PPP, and Energy and Natural Resources.

Holman Fenwick Willan (HFW) is an international law firm with offices in 13 cities around the world, including Dubai, London, Hong Kong, Shanghai, Singapore, Sydney and Sao Paulo. It has a significant global construction team, advising on procurement and contract negotiation, providing a project counsel role during the construction phrase, as well developing claims and acting on disputes. The team works on a wide variety of projects including energy, oil & gas, transport and large civil engineering projects. The partners in the HFW team wrote the key book on construction project changes, Construction Contract Variations.

Associate Sponsors

Fenwick Elliott is the largest specialist construction and energy law firm in the UK working with clients from around the world in the building, engineering and energy sectors with considerable experience in oil, gas and power. Fenwick Elliott provides a comprehensive range of legal services on every aspect of the construction process. Our expertise includes procurement strategy; contract documentation and negotiation; risk management and dispute avoidance; project support; and decisive dispute resolution, including international arbitration, mediation and adjudication.

Drawing on years of combined experience

working on some of the worlds most complex, high profile and mission-critical projects, FTI Consulting has a proven track record in providing solutions to help our clients reduce risk and to prevent, mitigate and resolve construction problems. With over 200

construction professionals spread across Europe, Middle East, the Americas, Asia and Australia, we can mobilise and deploy highly experienced teams at short notice wherever our clients need us. For more information on our Construction Solutions offering, please email us at [email protected] or call +44 (0)20 3727 1437

Atkin Chambers is a leading set of commercial barristers chambers in London specialising in providing advocacy and advice in the fields of Construction, Engineering and Infrastructure, Energy, Natural Resources and Utilities, IT and Telecommunications, Professional Negligence and Shipbuilding, Repair and Conversion, as well as in other commercial areas. Its members act for clients, and in connection with projects, located all over the world.

3PBs TCC Group enjoys an unrivalled reputation for its construction expertise, across a wide range of industry sectors,

with most of our barristers having gained relevant commercial experience prior to coming to the Bar. Our advocates advise on a broad spectrum of issues including building and engineering disputes (often involving complex technical problems), adjudication under the HGCRA 1996, industrial processes, professional negligence of professionals (such as Architects, Surveyors, Engineers), computers and information technology matters.

Workshop Sponsors

Breyer Rechtsanwlte is an international German law firm dealing exclusively in the field of Construction Law - were one of the only specialist Construction Law firm with offices located across Europe (Stuttgart, Munich, Frankfurt, Vienna, Bucharest an Paris (GcilA)).

Breyer Rechtsanwlte assists clients worldwide on project procurement through to completion, negotiating international construction contracts and representing in international arbitration and adjudication. We are pioneers in bridging the gap globally between the Common and Civil Law in Construction for our clients.

Fieldfisher is a London based law firm with offices across Europe, in Shanghai and in Silicon Valley. We have over 400 lawyers, many of whom are ranked as leading individuals in Chambers UK 2015. Our team of highly-skilled project, construction and engineering lawyers provides a unique depth of experience and specialist expertise. We advise on all stages of projects, from tender documents, contract negotiations and issues arising during the execution of the project through to, where necessary, disputes that lead to adjudication, litigation , arbitration or alternative dispute resolution.

Hill International is the global leader in managing construction risk, providing project management and construction claims services to our clients on some of the largest and most complex projects and programs. Since our founding in 1976, Hill International has been a world leader in providing construction claims services to our clients (owners, contractors, subcontractors, architects, engineers, law firms, insurance and surety companies, commercial and investment banks and others) on some of the largest and most complex projects and programs in the world.

supporters of FIDIC INTERNATIONAL CONTRACT USERS CONFERENCE 2015


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FKW82576

Conference: 1 - 2 December

Workshops: 30 november & 3 December

Venue: Grange City hotel 8-14 Coopers row London eC3n 2BQ United Kingdom Phone: +44 (0)20 7292 2320

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