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ICC’s annual MENA conference is taking place in person on 16-17 May 2022!
An ICC Institute Advanced Level Training on Dispute Boards will take place on 16 May 2022. More information will follow shortly.
Who should attend?
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Ali AlAidarous
Founding and Managing Partner
ALAIDAROUS Advocates and Legal Consultants
ICC Institute Advanced Level Training on Dispute Boards
The training will take place in English and in Arabic
*All times are Gulf Standard Time
A Dispute Board (DB) is a method commonly used in complex engineering and construction projects. It involves an independent committee established by the parties to the construction contract and are, usually, in place from the commencement of the project.
Our one-day DB training is an intensive program designed to equip participants with the skills and expertise they need to enhance dispute avoidance and become familiar with the Dispute Adjudication Board (DAB) process, so that they can confidently act as a dispute board member and advise or represent their clients establishing the DB and manage ongoing operations for maximum effectiveness.
The training will start with an introductory overview of the origins of the DB process. It will include interactive exercises and business case for their use on projects centered around construction issues.
The training will also address topics such as decision writing and challenges of organizing virtual site visits and hearings.
08.30 – 09.00 |
Welcome coffee |
09.00 – 09.15 |
Introduction: Learning objectives
|
09.15 – 09.45 |
General presentation on Dispute Boards and Q&A -Present the key steps for third party dispute resolution -Dispute Resolution policies and procedures before the appointment of a DB. Dispute Resolution strategies, assessment of past experiences with ADR, incorporation of DB provisions, type of DB (recommendation/ resolution; ad-hoc/permanent) -Presenting key aspects of ICC DB Rules and the role of the ICC ADR Centre: appointing DB members, deciding on challenges of DB members, fixing the DB members’ fees, acting as depositary of the funds, and reviewing the decisions of DAB and CDB -DAB agreement and DAB activities: Data availability, transfer and security, virtual site visits, platform (for data transfer)
|
09.45 – 10.05 |
Dispute Avoidance -From disagreement to dispute -How to prevent disputes -Practical examples
|
10.05 – 10.20 |
Q&A |
10.20 – 10.30 |
Presentation of the Mock Case on Dispute Avoidance
|
10.30 – 11.00 |
Coffee break |
11.00 – 12.00 |
Working Groups on Dispute Avoidance |
12.00 – 12.45 |
Plenary session: debate and simulation |
12.45 – 14.05 |
Lunch |
14.05 – 14.35 |
Formal Dispute Boards procedure in case of disputes -Key steps for third party dispute resolution -Virtual hearings, platform (for data transfer as well as for the hearings) -Differences in cases of ad-hoc/permanent DB (f.i. claims prepared by project members vs. claims prepared by lawyers and Experts) -Witness of fact (written statements?) -Evidence of damages incurred -Post hearings statements
|
14.35 – 14.45 |
Q&A |
14.45 – 15.05 |
Presentation of the Mock Case on Dispute Boards procedure
|
15.05 – 15.35 |
Coffee break |
15.35 – 16.35 |
Working Groups on Dispute Boards procedure |
16.35 – 17.20 |
Plenary session: debate and simulation |
17.20 – 17.40 |
Enforcement of Dispute Boards conclusions – Presentation
|
17.40 – 17.50 |
Q&A |
17.50 – 18.00 |
Concluding remarks
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International Arbitration in MENA: Navigating the Latest Developments
*All times are Gulf Standard Time
09.00 - 09.05 |
Welcome address
|
09.05 – 09.15 |
Opening remarks
|
09.15 - 09.45 |
Fireside Chat - Thinking MENA future economies: The digital transition and the emergence of new sources of capital
|
09.45 – 11.15 |
A tour d’horizon on the latest trends in international arbitration MENA - The law applicable to the arbitration agreement: The reignited debate and what take-aways from the Kabaji case?- Performance bonds, at the centre of construction disputes in the aftermath of the pandemic - Arbitrator’s duty of disclosure: The Haliburton vs Chubb case – what learnings can be drawn and anticipated for the MENA jurisdictions? - Remedies: The treatment of non-compensatory damages in MENA seated international arbitrations (Punitive damages/liquidated damages/ declaratory relief).
Chaired by:
|
11.15 – 11.45 |
Networking break |
11.45 – 12.45 |
Walking the thin line: Jurisdiction and admissibility - A matter of jurisdiction or admissibility? Where to draw the line and practical consequences - The intricate question of multi-tier clauses and pre-arbitral steps: >Mandatory nature and admissibility threshold: A review of the relevant case law in the region >The multi-tier dispute resolution process in FIDIC construction agreements: Insights from practitioners - The arbitrator’s approach: > For an efficient administration of the proceedings: To bifurcate or not to bifurcate? > Staying the proceedings: an option available for the arbitrator in MENA jurisdictions?
Chaired by
|
12.45 - 13.15 |
Q & A Session |
13.15 - 14.45 |
Networking lunch |
14.45 -15.45 |
Calibrating the compass: The arbitrator’s authority to revise the contract - The legal basis and limits for the arbitrator’s power to revise the contract - Parameters at play: The arbitration agreement and the underlying agreement / Lex arbitri / Lex causae - Civil law vs common law approach - Contractual adjustment mechanisms: Hardship clauses and price revision clauses in long term energy contracts
Chaired by
|
15.45 - 16.15 |
Q & A Session |
16.15 - 16.45 |
Networking break |
16.45 - 17.45 |
A hidden ADR gem: Slowly embracing expert determination for resolving disputes As an alternate dispute resolution mechanism, expert determination is increasingly gaining in popularity. However, despite its fundamental advantages (speed, autonomy and finality) this tool is not being deployed in practice to its fullest potential. This panel will discuss: - How expertise determination can be suited to resolve a broad range of disputes whether of financial nature (related to valuation e.g in shareholders agreements) or of highly technical nature. - In the absence of a default statutory framework, parties are invited to exercise extra care in the drafting of their contractual provisions - The best practices required for the conduct of this procedure in the best interests of all stakeholders.
Chaired by
|
17.45 - 18.15 |
Q & A Session |
18.15 - 18.30 |
Closing remarks
|
18.30 |
End of Conference Reception kindly sponsored by Al-Aidarous |
We thank our 10th ICC MENA Conference Programme Committee
Hassan Arab |
Partner, Regional Head of Dispute Resolution, Chairman, Al Tamini & Company, International Chamber of Commerce - UAE Commission on Arbitration & ADR, United Arab Emirates |
Yasemin Çetinel |
Founding Partner, Çetinel Law Firm, Turkey |
Joseph Chedrawe |
Vice Chair, Disputes – Europe, Middle East and Africa, Covington & Burling LLP , United Arab Emirates |
Dania Fahs |
Director, ICC MENA Representative Office, United Arab Emirates |
Samaa Haridi |
Partner, Global Disputes Group, King & Spalding, United States |
Nada Sader |
Partner, Derains & Gharavi International, Lebanon |
Conference
Girgis Abd El-Shahid |
Managing Partner, Shahid Law Firm, Egypt; Member, ICC International Court of Arbitration |
Fatima Balfaqeeh |
Vice Chair, ICC UAE Arbitration & ADR Commission; Managing Director, RKAH Legal Consultancy, UAE |
Degĕr Boden |
Founding Partner, Boden Law, Turkey |
Amal Bouchenaki |
Partner, Herbert Smith Freehills, United States |
Philippa Charles |
Partner and Head of the International Arbitration department, Stewarts, United Kingdom |
Nayla Comair Obeid |
Founding Partner, Obeid & Partners, Lebanon/France/UAE; Professor of Law; Chartered Arbitrator; Member, ICC Executive Board; Council Member, ICC Institute of World Business Law |
Nadine Debbas Achkar |
Independent Arbitrator, United Arab Emirates |
Mark Demitry |
Counsel, ICC International Court of Arbitration, Abu Dhabi |
Dania Fahs |
Director, MENA, International Court of Arbitration, Abu Dhabi |
Alexander G. Fessas |
Secretary General, ICC International Court of Arbitration, Paris |
Fadi Ghandour |
Executive Chairman, Wamda Capital, United Arab Emirates; Co-Founder, Aramex, United Arab Emirates |
Frédéric Gillion |
Partner, Pinsent Masons LLP, Singapore |
Lara Hammoud |
Senior Legal Counsel, ADNOC, United Arab Emirates; Arbitrator; Alternate Member, ICC International Court of Arbitration |
David Hume |
Counsel, Shearman & Sterling, United Arab Emirates |
Sara Koleilat-Aranjo |
Partner, Al Tamimi & Co, United Arab Emirates; Member, ICC International Court of Arbitration |
Alya Ladjimi |
Manager, ICC International Centre for ADR, Paris |
Floriane Lavaud |
Counsel, Debevoise & Plimpton, United States |
Reza Mohtashami QC |
Partner, Three Crowns LLP, United Kingdom |
Victoria Orlowski |
Of Counsel, Gibson, Dunn & Crutcher LLP, United States; President, Standing Committee, ICC International Centre for ADR |
Claudia Salomon |
President, ICC International Court of Arbitration, Paris |
Nicholas Tse |
Partner and Head of International Arbitration, Alem & Associates, UAE |
Georges Vlavianos |
Partner, DLA Piper, Qatar |
Training
David Brown | Partner, Clyde & Co, France; Emeritus Council Member, ICC Institute of World Business Law; FIDIC President's List of Approved Dispute Adjudicators |
Helena Chen | Senior Partner, Chen & Chang, Attorneys-at-Law, Taiwan, Republic of China |
Adrian Cole | Independent Arbitrator, Mediator and Adjudicator, United Arab Emirates |
Alya Ladjimi | Manager, ICC International Centre for ADR, Paris |
Husni Madi | Vice Chair, FIDIC Contracts Committee, Jordan; Founder and Chief Executive Officer, Shura Construction Management |
Cecilia Misu | CMSQUARE GmbH, Germany; Member, Standing Committee, ICC International Centre for ADR |
Aisha Nadar | Senior Consultant, Advokatfirman Runeland AB, Sweden; Member, Standing Committee, ICC International Centre for ADR |
Date and venue |
Date of the training: 16 May 2022 Date of the conference: 16-17 May 2022 Venue: Park Hyatt Hotel, Dubai Creek, Dubai, United Arab Emirates |
Registration fee |
10th ICC MENA Conference: €712 ICC Institute Training: €749 Package: Training and Conference: €1217 *5% VAT will be applied **ICC members receive a 20% reduction on all above rates when using the NC discount codes. |
Special discounts |
Group rates: Register 5 persons from the same company and pay for four. |
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. ICC UAE has however secured a room block at the Park Hyatt Hotel with preferential rates. A link will be sent upon registration allowing participants to make their reservations directly. |
ICC Sanitary Protocol for 10th MENA conference |
The safety and wellbeing of participants in ICC events is a fundamental concern of the organisation. Registration and participation in an in-person ICC event requires that you adhere to health and safety measures implemented by the organisers and that you agree to comply with those measures at all times. Those measures may vary depending on local health and safety considerations including government regulations and guidelines, and rules governing the venue. Participants at ICC events accept the risk of change of health and safety obligations and its impact on measures implemented by organisers which may include: showing a valid health pass, social distancing, use of tracing devices, wearing masks, temperature measurement, use of hydro-alcoholic gel, limiting number of participants and restricting their physical gathering, holding the meeting virtually, limiting catering services. By registering and attending the 10th ICC MENA conference you will be required to wear a mask in the indoor areas of the hotel to follow the local regulations.
Make sure to take note of the travel restrictions in place: Coronavirus (COVID-19) advisory | Dubai Tourism |
Working language |
English & Arabic with simultaneous interpretation |
Cancellation policy |
50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday 15 April 2022. Cancellations after this date are not refundable. Please be informed that any form of cancellation will incur a cancellation fee of 3.10% of the registration fee which must be covered by the participant. Subject to agreement from ICC Global Events 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 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 will not, however, be held responsible for any related expense incurred by the participant. |
Credits and hours |
Ahead of this event, applications have been sent for: CLE credit under New York’s approved jurisdiction procedures. CLPD points from the State Bar of Dubai. CNB approval from the French Bar. Further, ICC Global Events is a State Bar of California approved MCLE provider. Please note that ICC Global Events cannot guarantee that these applications will be accepted. Applications are often approved or rejected at very short notice before the event. If you have any questions please contact ICCGlobalEvents@iccwbo.org. |
Disclaimer | The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for information or promotional purposes in printed materials or online including on ICC websites and 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 receives written notification to the contrary. |
Sponsoring this event is an excellent opportunity for your firm to connect with the ICC network and to raise brand awareness in the MENA region.
Tailor-made packages are available to suit your firm’s needs. For more information contact sponsorship@iccwbo.org.
SPONSOR BENEFITS
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PLATINUM €20,000 HT |
GOLD €15,000 HT |
SILVER €10,000 HT |
BRONZE €7,000 HT |
BRANDING €4,000 HT |
Exclusive evening reception Sponsor OR exclusive event App Sponsor (as available) |
x | . | . | . | . |
Opportunity to host a social event* | x | . | . | . | . |
Invitation to participate as guest contributor on the ICC blog on a topic related to the event** | x | . | . | . | . |
Testimonial quote on the event page** | x | x | . | . | |
Private meeting room reserved for 1 hour (as available) | x | x | . | . | . |
Sponsor a lunch (as available) |
x | x | . | . | . |
Participants list available in priority | x | x | . | . | . |
Company video to be played during session breaks** | x | x | x | . | . |
Opportunity to provide lanyards OR notebooks & pens OR delegate bags OR mobile charging stations* (as available) |
x | x | x | . | . |
Sponsor a coffee break (as available) |
x | x | x | . | . |
Exhibition space + exhibitor pass (Table maybe shared depending on availability) |
x | x | x | x | . |
Profile included on the ICC DRS app | x | x | x | x | . |
Include a branded item in the participant bags* | x | x | x | x | . |
Complimentary registration | 10 | 6 | 4 | 2 | 1 |
Special reduced registrations (20% reduction) | Unlimited | 6 | 4 | 2 | 1 |
Sponsor recognition on ICC arbitration social media channels | x | x | x | x | x |
Pre-event introduction to participants | x | x | x | x | x |
Use of the official event Sponsor logo | x | x | x | x | x |
30% discount on ICC e-publications | x | x | x | x | x |
Signage at venue + logo on all digital & onsite promotional materials | x | x | x | x | x |
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