ICC-FIDIC International Construction Contracts Conference

10-11 Feb 2020

São Paulo English and Portuguese CLE/MCLE/CPD/CNB credits/hours available
Early bird until 29 November 2019

ICC and the International Federation of Consulting Engineers (FIDIC) will hold their annual ICC-FIDIC Conference in São Paulo, Brazil.

The event, which gathers the world's leading construction practitioners aims to provide participants with an update of the latest industry trends and developments, deliver real-world insight and specialist knowledge, as well as offer an exclusive networking platform for the international construction community.

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.

Who should attend?

Any practitioner involved in international construction contracts and disputes:

  • engineers, contractors, in-house lawyers from construction companies
  • construction lawyers, arbitrators
  • mediators, experts, contract managers
  • financial institutions and Government entities involved in procurement FIDIC

FIDIC

FIDIC is the French acronym for the International Federation of Consulting Engineers. It was founded in 1913 to promote the professional interests of member associations and to disseminate information of interest to members of its constituent national associations. FIDIC membership represents more than 99 countries and most of the practising consulting engineers in the world. Buy your FIDIC books here.

Day 1 - Monday 10/02/20
Day 2 - Tuesday 11/02/20

09.00 – 09.20

Welcome

09.20 – 09.50

Keynote address

09.50 – 10.10

Introduction by conference Co-chairs

10.10 – 10.30

Coffee break

10.30 – 11.30

Session 1: An introduction to FIDIC and its Forms of Contract, inclusing the 2017 FIDIC Suite of Contracts

FIDIC was stablished in 1913 and the first Red Book was published in August 1957. Since then, FIDIC contracts have evolved to what they are today – the international standard. This session will provide an overview of FIDIC and the organization of its forms of contract, before outlining the salient features of the 2017 Red, Yellow and Silver FIDIC conditions of contract.

  • FIDIC: The organization
  • Background and principles of the FIDIC forms of contract
  • Overview and comparison of the Red, Yellow and Silver Books
  • Salient features of the FIDIC 2017 update

11.30 – 11.50

Q&A

11.50 – 12.50

Session 2: Dispute avoidance and resolution clauses in FIDIC Contracts

Disputes have always featured in construction projects, but today’s cost-sensitive clients demand that the parties focus on project success and effectively avoid disputes and resolve unavoidable disputes efficiently. The FIDIC contracts are specially noteworthy in the requirement that the parties constitute a Dispute Avoidance and Adjudication Board (DAAB) and insightful perspective in his trend and will offer an overview of its impact on the dispute management tools and techniques provided for under the 2017 FIDIC Conditions.

12.50 – 13.10

Q&A

13.10 – 14.40

Lunch

14.40 – 15.40

Session 3: Recently launched ICC report on Construction Industry Arbitrations: Recommended Tools and Techniques for Effective Management of Arbitrations under ICC Arbitration Rules

The Report provides guidance on a range of tools and techniques useful in developing cost-effective procedures in construction arbitration. It is intended for parties and arbitrators who do not have much experience in construction arbitrations conducted under the ICC Rules, or who wish to be reminded of the options available or of the practice of others. The speakers will give insights into the work of the ICC Commission on Arbitration and ADR, and an understanding of the specifities of construction arbitration, along with the salient aspects of the Report’s main recommendations.

15.40 – 16.10

Q&A

16.10 – 16.30

Coffee break

16.30 – 17.30

Session 4: Jurisdictional issues in construction arbitration

  • The breach of the milti-tier clause: A problem of admissibility or jurisdiction?
  • Exercising jurisdiction and enforcing DAB decisions
  • Construction projects and group of contracts: limits imposed by the privity of contracts
  • The participation of the subcontractor in the arbitration under the main contract: the FIDIC Subcontract second option clause 20

17.30 – 18.00

Q&A

18.00 – 20.00

Cocktail reception

09.00 – 09.40

Session 5: Contract and claims administration in FIDIC contracts

This session will discuss ways to try to avoid claims arising in the first place but then, if they do arise, how best to present claims under the FIDIC form with particular reference to:

  • The enhanced claims provisions in the new suite
  • The role of the Engineer
  • The requirements for notices of claim and the time bar provisions

How best to prevent claims from becoming disputes?

09.40 – 10.00

Q&A

10.00 – 10.45

Session 6A: The use of FIDIC contracts by State Entities: Development bank perspective

  • Multilateral Development Bank (MDB) perspective: How standard contracts play a role
  • FIDIC: Comparison of Red book & Pink Book & new conditions of particular application

10.45 – 11.15

Coffee break

11.15 – 12.15

Session 6B: The use of FIDIC contracts by State Entities: Practical considerations

  • Compatibility of FIDIC contracts with Brazilian Administrative Law
  • Environmental considerations
  • Drafting particular conditions

12.15 – 12.45

Q&A Sessions 6

12.45 – 14.15

Lunch

14.15 – 15.15

Session 7: Liability issues during the life of the project in construction disputes

  • Global claims
  • Liquidated damages
  • Limitation periods and waivers of right
  • Exceptional circumstances and Force Majeure in construction contracts: new developments?
  • Third Party Liability: guarantors, subcontractors, suppliers, agents, funders, and/or insurers

15.15 – 15.45

Q&A

15.45 – 16.15

Coffee break

16.15 – 17.00

Session 8: FIDIC in central and South America

17.00 – 17.30

Session 9: Questions & answers session on FIDIC Contracts and ICC Arbitration

This panel will address questions submitted by conference participants in advance. It will offer the participants a unique opportunity to have a dialogue with the ICC and FIDIC directly. The participants will hear international practitioners express their views on FIDIC contracts and practises related to ICC arbitration and other topics submitted by the participants.

17.30 – 17.50

Closing of the conference

Stephan Adell

Partner, Squire Patton Boggs, Dominican Republic

Lyda Bier

Lawyer, The Netherlands

David Brown

Partner, Clyde & Co, France

Júlio César Bueno

Partner, Pinheiro Neto Advogados, Brazil; President, Brazilian Society of Construction Law (SCL Brazil); Legal Director, Brazilian Association of Consulting Engineers (ABCE)

Jorge Díaz Padilla

CEO, Systec, Mexico; Chair, FIDIC Integrity Management Committee

Shelly L. Ewald

Partner, Watt Tieder Hoffar & Fitzgerald LLP, United States

Nicolas Gould

Partner, Fenwick Elliott LLP, United Kingdom

Roberto Hernandez García

Managing Partner, COMAD S.C. Law Firm, Mexico

Eugenia Marolla

Deputy Chief-Attorney, State of São Paulo, Brazil

Erin Miller Rankin

Partner, Freshfields Brickhaus Deringer LLP, United Arab Emirates

Cecilia Misu

Consultant, Probyn Miers, Germany

Luminita Popa

Managing Partner, Suciu Popa Attorneys, Romania

Maria Eugenia Roca

Procurement Advisor, Operations Financial Management and procurement Office, Vice Presidency for Countries, Inter-American Development Bank (IDB), United States

Gustavo Scheffer da Silveira

Counsel, Mayer Brown, Brazil

Christopher Sepälä

Partner of Counsel, White & Case LLP, France; Legal Adviser, FIDIC Contracts Committee; FIDIC’s Observer, ICC International Court of Arbitration

Flávio Spaccaquerche

Partner, Mattos Filho, Brazil

Gustavo Tepedino

Partner, Gustavo Tepedino Advogados, Brazil; Professor, UERJ Law School

Leonardo Toledo da Silva

Partner, Toledo Marchetti Advogados, Brazil; President, Brazilian Institute of Construction Law (IBDIC); Professor, FGV Direito-SP

Debora Visconte

Founding Partner, Visconte Advogados, Brazil

Venue

Mattos Filho, Veiga Filho,

Marrey Jr e Quiroga Advogados

São Paulo, Brazil

Special discounts

Group rates: Register 5 persons from the same company and pay for four.

In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.

Please contact events@iccwbo.org for more details.

ICC Members: please contact your National Committee to receive the discount code to access the member rate (20% reduction).

Travel and accommodation

Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations.

Visa

We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration online.

Working languages

English, Portuguese

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 an accredited CPD provider by the Bar Standards Board of England and Wales.

Cancellation policy

50% of the registration fees will be refunded if notice of cancellation is received in writing before Friday 10 January 2020. Cancellations after this date are not refundable. Updated registration information will be required. Please be informed that any formation of cancellation will include a cancellation fee of US$7 + 2.75% of the registration fee which must be covered by the participant. 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 expenses 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.

Sponsoring the ICC-FIDIC Conference is the perfect platform to position your brand as the leading firm in construction law.

For more information on our sponsorship package, please click here and contact us via email.

For further information about the event, please contact:

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