International Construction Contracts & Dispute Resolution

S1505 ICC FIDIC Conference Bogota button
  • Location: Bogota, Colombia
  • Date: 24/03/2015 - 25/03/2015
  • Event Type: Conference
  • Language: English & Spanish

Attend this ICC-FIDIC joint conference in Bogota, Colombia, and engage in interactive debates with some of the world’s leading construction practitioners.  

Objective

Internationally renowned engineers, construction arbitration specialists and in-house lawyers of leading companies in the field will share their practical experience and knowledge on the FIDIC contracts and the related procedures for claims and disputes, Dispute Boards and ICC Arbitration in construction cases.

Topics will include

  • Comparison between FIDIC contracts and regional model contracts
  • Advantages of Dispute Adjudication Boards in international projects
  • Complex jurisdictional issues in construction arbitration
  • Case management techniques in construction arbitration
  • Claims management in construction projects

Who should attend?

Any practitioner involved in international construction contracts and disputes:
- engineers, contractors, in-house lawyers from construction companies
- construction lawyers, arbitrators
- mediators, experts, contract managers
- financial institutions and Government entities involved in procurement

Young Arbitrators Forum

"Análisis de Situaciones Prácticas bajo el reglamento de Dispute Boards de la ICC"

The YAF Breakfast conference will take place from 7.30 to 9.00 at the Chamber of Commerce of Bogota.

To register or for more information: iccarbitration-latinamerica@iccwbo.org

Find the programme attached below.

DAY 1: 24 March 2015

FIDIC CONTRACTS - CLAIMS AND DISPUTES UNDER INTERNATIONAL CONSTRUCTION CONTRACTS

8.00-9.00 Registration

09.00-13.00 Morning sessions

09.00 - 09.15 Welcome address and introduction to ICC Colombia

  • Rafael Bernal Gutiérrez , Vice-President, Centro de Arbitraje y Conciliación, Cámara de Comercio de Bogotá, Colombia
  • Gustavo Andrés Piedrahita , Secretary General, ICC Colombia

09.15 - 09.30 Welcome by the Chairman of the first day

  • Christopher Seppälä , Partner, White & Case LLP, France; Vice-President Emeritus, ICC International Court of Arbitration; Member, ICC Institute of World Business Law; Legal Advisor, FIDIC Contracts Committee, FIDIC

09.30 - 11.00 Introduction to FIDIC and its Forms of contract

- Background and principles of the FIDIC Forms of contract
- Description and comparison of the Red, Yellow, Gold and Silver Books
- Documents forming FIDIC forms
- FIDIC Procurement Procedures Guide

11.00 - 11.30 Questions and answers

  • François Baillon , FIDIC Commercial Director, Geneva
  • Jorge Díaz Padilla , Past President, FIDIC; CEO, Systec, Mexico
  • Pablo Laorden , Managing Partner, Lámbal Abogados, Spain
  • Christopher Seppälä , Partner, White & Case LLP, France; Vice-President Emeritus, ICC International Court of Arbitration; Member, ICC Institute of World Business Law; Legal Advisor, FIDIC Contracts Committee, FIDIC

11.30 - 11.45 Coffee break

11.45 - 12.45 Comparison between FIDIC forms of contract and other regional model contracts

- Overview of mostly used model contracts in the Americas
- Comparative advantages of FIDIC contract forms in relation to other forms used in the Americas
- Dangers and pitfalls of modifying the FIDIC contract forms

12.45 - 13.00 Questions and answers

  • Ricardo Izeta , In-house Counsel (Coordination of thermoelectric projects), Comisión Federal de Electricidad, Mexico
  • Rafael Marinangelo, Attorney at Law, Marinangelo e Aoki Advogados, Brazil
  • Antonio Fernando Mello Marcondes , Partner, LO Baptista Advogados Associados, Brazil
  • Joseph Moore , Attorney at Law, Clyde & Co US LLP, United States

13.00 - 14.30 Lunch

14.30-17.15 Afternoon sessions

14.30 - 15.30 Claims and Dispute Resolution Procedures under FIDIC Contracts

- Contractor's and Employer's claims
- Claims procedure under FIDIC Contracts
- The engineer's role in relation to claims
- Introduction and development of the FIDIC Dispute resolution procedures
- Relationship between Dispute Boards, Amicable Settlement and Arbitration

15.30 - 15.45 Questions and answers

15.45 - 16.15 Coffee break

  • Murray Armes , Director, Sense Studio Limited, United Kingdom
  • Cecilia Misu , Founder, CMSQUARE UG; Lead Contract Manager, Siemens AG, Germany

16.15 - 17.15 Advantages of Dispute Adjudication Boards in international projects

- Introduction to Dispute Adjudication Boards under FIDIC
- Present status and prospects of Dispute Adjudication Boards in Latin America
- Overview of recent infrastructure projects opting for FIDIC DABs

17.15 - 17.30 Questions and answers

  • Jaime Gray , Partner, NPG Abogados, Peru
  • Christopher Miers , CEO, Probyn Miers, United Kingdom

Cocktail reception

DAY 2: 25 March 2015

ICC ARBITRATION IN CONSTRUCTION MATTERS

09.30-12.30 Morning sessions

Unknown Host

09.30 - 09.45 Welcome by the Chair of the second day

An introduction to the ICC International Court of Arbitration, the 2012 ICC Rules and the ICC International Centre for ADR. ICC experience under FIDIC contracts and on construction disputes.

  • Fernando Mantilla-Serrano, Partner, Latham & Watkins, France; Member, ICC International Court of Arbitration

09.45 - 09.45 - 10.45 Claims management

- Good contract administration

- Notices and time bars

- Keeping contemporary records

- Collection of the evidence

  • Akram Atallah, Senior Managing Director, Constructions Solutions, FTI Consulting, Brazil
  • Eric Alexander Britton, Founding Partner, Infante & Pérez Almilano, Panama
  • Jaime Gray, Partner, NPG Abogados, Peru
  • Cecilia Misu, Founder, CMSQUARE UG, Lead Contract Manager, Siemens AG, Germany; Member ICC Institute of World Business Laws

10.45 - 11.00 Questions and answers

11.00 - 11.15 Coffee break

11.15 - 12.15 Legal theories applicable to construction disputes in Latin America

- Private and public contracts

- The importance of choice of law

- Hardship and "théorie de l'imprévision"

- Le fait du Prince

- Force Majeure

- Use of UNIDROIT principles

  • Juan Pablo Cárdenas, Arbitrator; Professor of Contracts; Colombia
  • Juan Eduardo Figueroa Valdés, Partner, Figueroa, Illanes, Huidobro & Salamanca, Chile
  • Gilberto José Vaz, Principal, Gilberto José Vaz Advogados, Brazil

12.15-12.45 Questions and answers

12.45-14.15 Lunch

14.15-17.30 Afternoon sessions

14.15 - 15.15 Jurisdictional issues in construction arbitrations

- Issues related to multi-party/multi-contract arbitration in the context of construction disputes
- Conflict of jurisdiction between arbitrators, dispute boards and experts
- Application of the 2012 ICC provisions on joinder, multiple parties, multiple contracts and consolidation to the FIDIC contracts

15.15 - 15.45 Questions and answers

  • Tony Dymond , Partner, Debevoise & Plimpton, United Kingdom
  • José Ricardo Feris , Deputy Secretary General, ICC International Court of Arbitration, Paris
  • Eduardo Zuleta , Partner, Gomez-Pinzón Zuleta Abogados, Colombia

15.45 - 16.15 Coffee break

    16.15 - 17.15 Effective management of construction arbitration

    - Strategic considerations, settlement negotiations and arbitration
    - Length and scope of the Request of Arbitration
    - Early determination of issues and bifurcation
    - Cost/benefit analysis in production of evidence

    17.15 - 17.45 Questions and answers

    • Claudia Benavides , Partner & Head, Dispute Resolution Practice Group, Baker & McKenzie, Colombia
    • Juliana Castillo Rincón , Deputy Counsel, ICC International Court of Arbitration, Paris
    • Luis Enrique Graham , Partner, Hogan Lovells BSTL, S.C., Mexico
    • Alejandro Linares , General Counsel, Ecopetrol, Colombia

    17.45 - 18.00 Closing of the Conference by the conference Chairs

    • Fernando Mantilla-Serrano
    • Christopher Seppälä

    FIDIC Training, 26 March 2015

    2015 FIDIC Training New 2

    Logistical notes

    Dates

    24-25 March 2015

    Venue

    Cámara de Comercio de Bogotá, Auditorio Piso -1
    Calle 67 # 8 - 32, Sede Chapinero, Bogotá D.C - Colombia

    Registration fees

    The registration fee includes all conference documentation, coffee breaks, lunches and cocktail reception. Travel and hotel expenses are not included.

    Early bird rate until 20 February 2015: US$ 559

    After 20 February 2015:
    ICC members: US$ 639
    Non-members:US$ 799

    VAT exemption - French Tax Code, Article 259A5°

    Special discounts

    • ICC Members may benefit from an extra 5% discount. Please contact your local NC to obtain your discount code.
    • Group rates : Register 5 persons from the same company and pay for 4.
    • In-house Counsel , full time Academics , Government representatives may benefit from a 30% discount. Please contact events@iccwbo.org for more details.

    How to register

    Easier and faster: register online (secured payment by credit card) at www.iccevents.org

    Or return the registration form indicating method of payment to:
    E-mail : events@iccwbo.org
    Tel : +33 1 49 53 28 67
    Fax : +33 1 49 53 30 30
    Post : ICC Services, Training and Conferences, 33-43, avenue du Président Wilson, 75116 Paris, France

    Registration will be confirmed upon receipt of the registration form and registration fees. To benefit from early bird rates, please note that ICC Services must receive the payment before the deadline.

    Travel and accommodation

    Participants are responsible for making their own travel arrangements and hotel reservations. A hotel reservation form/unique group code for online reservations at the " Hilton Bogota ", with which ICC has negotiated a preferential rate of US$244 (+16% tax), will be sent upon receipt of the registration form and registration fees. Please note that the number of rooms reserved with the ICC rate is limited. As they will be distributed on a "first-come, first-served" basis, we recommend that you make your reservation ASAP. All room reservations must be guaranteed by a credit card.

    The pre-reservation cut-off date is Friday 20 February 2015 . Hotel reservations received after 20 February will be accepted on a space and/or rate available basis only.

    Should there be no more rooms left, please contact us so that we can send you a list of other hotels close to the venue for which you can also get discounts.

    Visa

    We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration form and full payment of your registration fees.

    Working languages

    English and Spanish. Simultaneous interpretation will be provided.

    Credits and hours

    ICC Training and Conferences is eligible for CLE credit under New York 's approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is a Solicitors Regulation Authority and General Council of the Bar of England and Wales External CPD Course Provider. French Bars : This training will be sent for CNB approval. Lawyers practising in France may apply for reimbursement from the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.

    Cancellation policy

    50% of the registration fee will be refunded if notice of cancellation is received in writing before 24 February 2015 . Cancellations after this date are not refundable. Subject to agreement from ICC Training and Conferences prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required.


    Please 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.

    Disclaimer

    The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC Services receives written notification to the contrary.

    This conference offers you an unrivalled opportunity to build worldwide partnerships. Partnering will get you visibility with the major decision makers in global business and/or within the international construction network. For further information, please see our

    sponsorship opportunities document or contact Ms Luz Rodriguez .

    Contact us

    Programme and logistics : Charlotte Strandberg, Project Manager, Email Charlotte Strandberg , Tel: +33 1 49 53 29 34

    Registration issues : Sylvette Abenzoar, Sales Administrator, Email Sylvette Abenzoar , Tel: +33 1 49 53 28 67

    Sponsorship : Luz Rodriguez, Global Partnerships Manager, Email Luz Rodriguez , Tel: +33 1 49 53 28 42

    Download Document(s)

    Event registration fees

    Early Bird rate until 20 February 2015 $559

    Member rate $639

    Non-member rate $799

    Hours and credits

    • CLE credits14.75

    • MCLE credits12.25

    • CPD hours12

    • CNB hours12