International construction contracts and the resolution of disputes

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1 An affiliate of the International Chamber of Commerce International Federation of Consulting Engineers International construction contracts and the resolution of disputes Co-hosted by ICC and FIDIC Dates Espace Hamelin 17, rue Hamelin, Paris, France Attend this conference and earn: 10 CPD hours from Law Society & Bar of UK 10 MCLE credits from State Bar of California 12 CLE credits from State Bar of New York Objective FIDIC Conditions of Contract are the most widely used standard forms of contract in international construction and the ICC International Court of Arbitration has been resolving disputes under these contracts since their first edition in This event will review the procedure for claims and disputes under FIDIC contracts and explain the legal entitlements of the contractor and employer. The conference will also focus on the specific features of dispute resolution in international construction contracts and explore practical implications and current developments. Led by a team of world-renowned experts in the field, sessions will be structured to encourage interactive discussion among participants. Participants The conference will be of particular interest to engineers, contractors, employers, financial institutions, arbitrators and legal advisors in the field of international construction. ICC International Court of Arbitration The ICC International Court of Arbitration is the leading body in international commercial arbitration. Founded to resolve business disputes of an international character, its strict impartiality and effectiveness are recognized everywhere. Countless business contracts, including many where one party is a government body, now refer to the ICC Rules of Arbitration. ICC Events 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 currently numbers 74 member associations in all parts of the world and represents most of the practising consulting engineers in the world. With the support of Dechert LLP International Construction Law Review Pinsent Masons ICC SERVICES S.A.S. au capital de euros R.C.S. Paris B N de TVA intracommunautaire FR , Cours Albert 1er, Paris, France Telephone Fax events@iccwbo.org Website

2 Programme CLAIMS AND DISPUTES UNDER INTERNATIONAL CONSTRUCTION CONTRACTS MORNING SESSIONS Welcome by the Chairman of the first day Overview of the FIDIC contract forms and the new MDB contract Presentation of the FIDIC contract forms used in public contracts, the Red Book and now the new Multilateral Development Bank Harmonized Construction Contract (MDB Contract), as well as other major FIDIC forms, the Yellow and Silver Books. Who uses the contract forms and why? What are their specific features? How are the Yellow and Silver Books used in privatized Build Operate Transfer (BOT) projects? What are the implications of the new MDB contract? What is their future role? Dealing with unforeseeable events How to deal with unforeseeable events under the Red, Yellow and Silver Books. What are the contractor s and the employer s entitlements to additional money and time? How do they obtain them? What is the effect of the applicable law on the FIDIC conditions, including individual clauses, e.g. clause 20.1? What is the potential for use of international legal principles such as those of UNIDROIT? Dispute resolution and contracts with States What should a dispute resolution clause provide for in the contract preparation stage? What are the essential requirements? How to consider the dispute resolution provisions in all potentially applicable bilateral and multilateral investment treaties. How to obtain protection of your project from public international law. This session will make specific references to ICC arbitration Lunch AFTERNOON SESSIONS Dispute Boards (DB) What are DBs? What is the procedure for the pre-arbitral settlement of disputes by the engineer under the pre-1999 editions and by a Dispute Adjudication Board (DAB) under the 1999 editions? Advantages and disadvantages of DABs. FIDIC s standing DAB versus an ad hoc DAB. Similarities and differences between the FIDIC and the ICC Dispute Board Rules. What qualifications should DAB members have? How should they behave? What is the prospect of court enforcement of the DAB s decisions? Thursday 12 October 2006 Sub-clause 20.5 of the FIDIC contracts and amicable dispute resolution (ADR) The settlement techniques that will be discussed in this session include negotiation, mediation and other possibilities with specific reference to the ICC ADR Rules. What can parties do within the 56 days allowed for in sub-clause 20.5 of the FIDIC contracts to get a dispute settled? Why does FIDIC have a requirement to attempt amicable settlement before commencement of arbitration? Options available to settle construction disputes not settled by a DAB, during this 56-day period, and before arbitration. The pre-arbitral referee End of the first day Evening event Friday 13 October 2006 ICC ARBITRATION AND POST-ARBITRATION PHASE MORNING SESSIONS Welcome by the Chairman of the second day An introduction to the ICC International Court of Arbitration and its role in FIDIC contracts. Experience of ICC arbitrations under FIDIC contracts since the publication of the first edition of the FIDIC Civil Engineering Contract in How does arbitration differ from a dispute board procedure? A legal procedure rather than a contractual one with attendant consequences e.g. statute of limitations and res judicata. Implies a full hearing of each party s case, fact and law, but entailing additional time and cost. Results in an award that is internationally enforceable under the New York Convention. Typical problems in preparing, presenting and refuting claims in arbitration How should underlying claims by subcontractors or claims of the employers for defects relating to work performed by subcontractors be dealt with in a main contract arbitration? The party-appointed experts. Have national courts any role in appointing experts before or after arbitration begins? The role of the ICC International Centre for Expertise. How should due amounts and/or uncontested, but unpaid, engineer/dab decisions be treated? Multiple claims preparation, the requirements of contemporary records and contractual notices. How does one cover gaps in an undeveloped national law in a modern construction dispute? Dealing with disputes among third parties How to deal with disputes involving subcontractors, the main contractor and employers? In BOT projects, how can disputes involving the State, the project company and the contractor be best handled? Dispute resolution in mega-projects Lunch

3 Programme ICC ARBITRATION AND POST-ARBITRATION PHASE AFTERNOON SESSIONS Management of arbitration costs How are arbitration costs allocated? What may they comprise? How can the time and expense of arbitral procedures be reduced? Hear how parties can help minimize costs through the choices they make. Understand who pays the costs and how. How can the ICC International Court of Arbitration assist? Enforcement of arbitral awards and practical problems What are the current practical problems of enforcement? To what extent can contractors liens or other security services be available to secure enforcement? How may the position of the contractor as creditor, be affected by the rights of lenders to the employer (e.g. in BOT-type projects) at the enforcement stage? What happens when States immunity is involved? New trends and developments. Do s and Don ts. session: Ask the experts This session will take the form of an interactive exchange for which participants may previously submit questions on topical issues to a panel of experienced experts. Closing Friday 13 October 2006 (cont d) End of the conference SPEAKERS Antonio Crivellaro, Partner and Head of International Arbitration Department, Studio Bonelli Erede Pappalardo, Italy; Council Member, ICC Institute of World Business Law Christopher Dering, Principal Counsel, Civil Global Business Unit, Bechtel, United Kingdom Philip Dunham, Partner, Dechert LLP, France Xavier Favre-Bulle, Partner, Lenz & Staehelin, Switzerland Martin Harman, Chairman, Pinsent & Masons, United Kingdom Christopher P. Koch, Founding Partner, Georgana & Koch, Counselors at Law, Switzerland Helmut Köntges, former Contract Management, International Projects, Hochtief, Germany Humphrey Lloyd QC, former Judge, Technology & Construction Court, United Kingdom Volker Mahnken, Senior Counsel, Siemens, Germany Michael Mortimer Hawkins, former Chairman, now Special Adviser, FIDIC Contracts Committee Eric A. Schwartz, Partner, Freshfields Bruckhaus Deringer, France; former Secretary General, ICC International Court of Arbitration; Council Member, ICC Institute of World Business Law Christopher R. Seppälä, Alternate Member for the United States, ICC International Court of Arbitration; Legal Advisor, FIDIC Contracts Committee; Partner, White & Case LLP, France Pierre Tercier, Chairman, ICC International Court of Arbitration John B. Tieder Jr, Senior Partner, Watt, Tieder, Hoffar & Fitzgerald, Virginia, USA Christopher Wade, Chairman, FIDIC Contracts Committee; Consulting Engineer, United Kingdom; Advisor, SWECO International, Sweden Carita Wallgren, Partner, Roschier Holmberg, Finland

4 Logistical note Dates Espace Hamelin, 17, rue Hamelin, Paris, France Event International construction contracts and the resolution of disputes Working language English The FIDIC Contract Guide will be referred to throughout the conference. Each participant is advised to have a copy. The guide contains the full texts of the FIDIC Construction, Design-Build and EPC/Turnkey contracts. Copies can be ordered by contacting the FIDIC Bookshop wwww.fidic.org/paris06; Tel: ; Fax: ; fidic.pub@fidic.org or order and pay on-line MCLE Credit ICC Events is a State Bar of California approved MCLE provider, is eligible for CLE credit under New York s approved jurisdiction procedures and is a Law Society and the General Council of the Bar of United Kingdom External CPD Course Provider. Conference fees Registration before 31 August 2006 Early-bird special 990 Euros (excl. VAT) Registration after 31 August 2006 For ICC and FIDIC members For non-members For accompanying person Euros (excl. VAT) Euros (excl. VAT) 120 Euros (excl. VAT) The contribution to costs covers all conference activities, two working lunches and an evening event. The accompanying person fee provides for the cocktail cruise and the dinner. Sessions and networking lunches are restricted to participants only. How to register Register online and save 20 Euros! or complete the registration form, indicating method of payment, and return to: events@iccwbo.org Post: ICC SERVICES Fax: ICC Events Department Phone: , Cours Albert 1er, Paris, France Registration will be confirmed upon receipt of the registration form and contribution to costs. Travel and accommodation Dress Sponsorship opportunities Cancellation charge Participants are responsible for making their own travel and hotel arrangements. A list of hotels in Paris, with which ICC has negotiated preferential room rates, will be sent upon receipt of the registration form, together with the contribution to costs. Business casual for Monday evening event. Companies that choose to become Conference Sponsors are given many opportunities to profile their business. They will receive maximum exposure during the event. If your company is interested in sponsoring this conference, please contact Andrea Montégut at ICC, amu@iccwbo.org, telephone % of the contribution to costs will be refunded for any cancellation received in writing by ICC Events prior to Friday 15 September No refund can be made for cancellations received after this date. You are welcome to send a substitute provided ICC Events is informed in advance as updated registration materials will be required.

5 Dates Registration form S 0608 Espace Hamelin 17, rue Hamelin, Paris, France Register on-line and save 20 Euros! or: complete and return to events@iccwbo.org Fax: Event International construction contracts and the resolution of disputes Co-hosted by ICC and FIDIC Register online and save 20 Euros! TITLE / FIRST NAME / LAST NAME POSITION COMPANY NAME ADDRESS CITY / ZIP CODE TELEPHONE COUNTRY FAX CONTACT Conference fees Amount (excluding VAT) for: residents outside EU residents in EU with intra-community VAT No. VAT 19,6% Amount (including VAT) for: residents in France residents in EU without intra-community VAT No. Intra-Community VAT No. Registration before 31 August 2006 Registration after 31 August 2006 Early-bird special ICC / FIDIC Member Non-member Accomp.person 990,00 Euros 1 175,00 Euros 1 325,00 Euros 120,00 Euros 194,04 Euros 230,30 Euros 259,70 Euros 23,52 Euros 1 184,04 Euros 1 405,30 Euros 1 584,70 Euros 143,52 Euros Method of payment By credit card: American Express Euro/MasterCard Visa Card number... Expiry date... Name of cardholder... By cheque: payable to ICC SERVICES bearing the reference S 0609 and indicating the participant s name clearly. Date... Signature... The information you provide on this form will be used to compile the participants list for this event. By providing this information, you consent to ICC storing it in its data base for the sole use of the ICC International Secretariat. You may have access to this information and request to have it deleted or corrected at any time by contacting ICC Events. How to contact us events@iccwbo.org Post: ICC SERVICES Fax : ICC Events Department Tel. : , Cours Albert 1er, Paris, France

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