Experts in international commercial dispute resolution will converge in Paris for the annual ICC/FIDIC conference on resolving disputes in international construction deals. This conference will be the perfect opportunity to update your knowledge on FIDIC contracts, dispute resolution on construction matters and ICC arbitration.

Highlights

• Presentation and analysis of the major forms of FIDIC contracts
• Claims and disputes under FIDIC contracts
• Functioning and challenges of Dispute Boards
• Multi-party and multi-contract issues in construction arbitration, with a focus on subcontracting
• Particularities of construction arbitration involving State parties
• The Emergency Arbitrator in the 2012 ICC Rules - conservatory and interim measures
• Calculation of damages in international construction arbitration

Who should attend?

Tuesday 25 June: Morning 09.00 – 12.30

FIDIC contracts - Claims and disputes under international construction contracts

The use of FIDIC contracts worldwide

• The growing influence of FIDIC suites of contracts in establishing world-class industry standards
• How FIDIC is responding to the needs of the international construction industry
• How FIDIC’s major works contracts are being used worldwide
• Emerging regions and hot spots of FIDIC usage
• How FIDIC can support businesses to expand globally

Questions and Answers

Presentation and analysis of FIDIC contracts

• Who uses these contracts and why?
• Comparative advantages of FIDIC in relation to other forms of contract
• Recent developments of the rainbow collection of FIDIC contracts: Green, Red, Yellow and Silver Books
• Risk allocation and business processes for the FIDIC suite

Questions and Answers

Pursuing claims under FIDIC Contracts

This session will explore and analyse best practice in presenting and pursuing a claim under a FIDIC Contract with a particular focus in areas such as:

• Time bars
• Documentation and compliance with applicable laws
• Effect of delay damages on an extension of time
• Effect of works not being ready for testing
• Considerations concerning removal of items from the site

Questions and Answers

12.30 - 14.00 Lunch

Tuesday 25 June: Afternoon 14.00 – 17.30

Dispute Boards

Dispute Boards (DBs): developments and challenges

• What are DBs? What are they used for?
• Difference between DABs and DRBs, practical issues and difficulties
• 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 is the prospect of enforcement of the DAB’s decisions by State courts and arbitral tribunals?

Questions and Answers

Dispute Boards – Practical Examples

• The role of DBs for dispute avoidance and early dispute de-escalation
• How can DBs be successfully implemented and used in multi-party cases?

Questions and Answers

DB members’ training needs: the rising need of legal training

Questions and Answers

Cocktail reception

Wednesday 26 June: Morning 09.00 – 12.30

ICC arbitration in construction matters

Construction disputes and construction arbitration: is there anything special about them?

This session will focus on the particularities of construction disputes and construction arbitration.

• Procedure and evidence
• Jurisdiction and merits

Questions and Answers

Multi-party and multi-contract issues in construction arbitration. A focus on subcontracting

• Issues raised by multi-party/multi-contracts arbitrations
• The new 2012 ICC provisions on joinder, multiple parties, multiple contracts and consolidation
• The FIDIC Subcontract for Construction provisions relating to the settlement of multi-party (employer – contractor – subcontractor) disputes

Questions and Answers

The particularities of resolving construction disputes involving States

• What are the particularities of construction cases involving state parties
• Conclusions drawn from the ICC Arbitration Commission Report on “States, State entities and ICC Arbitration”
• How to enforce arbitral awards in construction cases against a State (when, for instance, the employer is a State entity in a construction dispute)?
• Using bilateral investment treaties to enforce arbitral awards in construction disputes
• Mediation as a viable alternative to litigating or arbitrating the case: settling construction disputes through mediation. How can it work when states are involved?

Questions and Answers

12.30 - 14.00 Lunch

Wednesday 26 June: Afternoon 14.00 – 17.20

Conservatory and interim measures in construction disputes - The ICC Emergency Arbitrator provisions

• Conservatory and interim measures taken during the course of an arbitration procedure; competence to decide; power to decide and nature of the measures; legal value and enforceability
• Presentation of the new 2012 ICC Emergency arbitrator provisions and how they can be used in construction disputes

Questions and Answers

The evaluation of damages in international construction arbitration

Cultural peculiarities in the allocation of damages: Common Law v. Civil Law. A focus on the different approaches to:

• The determination of causation
• The treatment of concurrent delays and the related difficulties for the parties
• The calculation of delay and disruption damages (in general and problems related to the calculation of interests and head office overheads)

Questions and Answers

Concluding remarks

Date

25-26 June 2013

Venue

Marriott Champs Elysées

70 avenue Champs Elysées

75008 Paris

Working language

English

Registration fees

The registration fee includes participation in the conference and documentation, lunches and coffee breaks. Travel and hotel expenses are not included.

Amount (including VAT 19,6%)*:
Until 15 April 2013 : "Early bird special"
ICC members: 999 euros (1 194,80€ VAT incl.)
Non-members: 1365 euros (1 632,54€ VAT incl.)
After 15 April 2013:
ICC members: 1275 euros (1 524,90€ VAT incl.)

Non-members: 1475 euros (1 764,10€ VAT incl.)

*As of 2011, ICC Services must set its prices to include the VAT pursuant to Article 53 of the European Directive 2006-112CE. Please note that you can request a reimbursement of the VAT through your local tax administration (if you are not a member of the EU, you must obtain a French tax representative in order to receive the VAT reimbursement).

Registration will be confirmed upon receipt of the registration and contribution to costs.

Travel and accomodation

Cancellation charge

50% of the registration fee will be refunded if notice is received in writing before 25 May 2013. Cancellations after this date are not refundable. Subject to agreement with ICC Services prior to the seminar, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration material will be required.

Please note that ICC Services reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC Services will not, however, be held responsible for any related expense incurred by the participant.

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