ICC FIDIC Conference on International Construction Contracts and Dispute Resolution

08.00 - 09.00

Registration and welcome coffee

09.00 - 09.50

09.50 - 10.50

Session 1: ICC, FIDIC and Korean Contractors: Roundtable with Korean in-house Counsel   
FIDIC forms of contract are widely used in Korea and internationally for construction projects. This roundtable will address key questions based on the extensive experience of Korean contractors and employers with these contracts. It will also explore notable experiences with ICC arbitration arising from such projects. Topics will include: 

• Claims and notices of claims
• Industry standards and codes
• Concurrent delays
• Intellectual property matters in construction contracts
• Key issues in subcontract and supply agreements
• Main issues Korean contractors have been facing in disputes and arbitration.

• Suh-Young Lauren Hong, Senior Legal Counsel, LG Energy Solution, Republic of Korea 
• Jin Yong Kim, In-House Counsel & Vice President, Doosan Enerbility Co., Ltd., Republic of Korea 
• Kyoungho Kim, Head of Legal, Onejoon Co., Ltd., South Korea 
• Jaewon Li, Team Leader of Disputes Resolution team, Hyundai E&C, Republic of Korea 
• Kyungjoon Park, GS Engineering & Construction, Republic of Korea 

10.50 - 11.20

Q&A

11.20 - 11.50

Coffee break

11.50 - 12.50  

Session 2. Variations vs Claims
Distinguishing between claims and variations is not always an easy task. This session will explore the differences between the variation and claims procedures in FIDIC Contracts, including both the 1999 and 2017 editions. Panel experts will share lessons learned from project execution and best practices from ICC arbitration. The session will conclude with a case study, providing valuable insights into how project participants and arbitrators approach these two concepts.

• Yasemin Çetinel, Founding Partner, Cetinel Law Firm, Turkey

12.50 - 13.20

Q&A

13.30 - 14.50

Lunch

14.50 - 16.10

Session 3: Oxford Style Debate: This house believes that dispute boards represent unnecessary cost and should be abolished…

16.10 - 16.40

Coffee Break

16.40 - 17.40

Session 4: Efficient Use of Experts and other case Management Best practices in Construction arbitration
Expert evidence is arguably the most important means of evidence in construction disputes. Although the use of expert evidence it is now commonplace in construction arbitrations, tribunals are not always employing effective techniques to guide and manage the use and presentation of expert evidence. As a result, experts often rely on different data and address various questions, which can complicate the dispute rather than help the tribunal narrow down the issues.

This session will identify the main challenges and discuss best practices in the use and presentation of expert evidence. It will also examine how these practices differ when dealing with expedited procedures. Additionally, we will explore how arbitrators can obtain technical assistance in an ever-increasing technical testimony, notably for delay and for quantum.

17.40 - 18.10

Q&A

18.10 - 20.00

Cocktail reception 

09.00 -10.00

Session 5: Part I – Recent ICC and FIDIC highlights
This session will provide updates on the latest developments in FIDIC contracts and ICC arbitral awards involving FIDIC forms. Additionally, it will emphasise the importance of conflict management and dispute avoidance. Panelists will share insights from the ICC Commission Guide on Effective Conflict Management and the Report on Facilitating Settlement in International Arbitration, as well as FIDIC’s Practice Note on Dispute Avoidance. The session will also offer a glimpse into the future of FIDIC contracts and ICC dispute resolution. 

10.00-10.30

Session 5. Part II - Application of FIDIC Contracts and arbitration practices  under Korean Law

10.30-11.00

Q&A

11.00-11.30

Coffee break

11.00 -12.00

Session 6:  Navigating conflict management, dispute avoidance, dispute boards boards and arbitration
A combination of effective contractual tools and internal company policies and procedures is important for successful conflict management and dispute avoidance. This session will provide practical examples of effective use of conflict management and dispute avoidance solutions at company level, as well as by Engineers, Dispute Boards and arbitrators. Specifically, the session will explore:

• Internal company policies and procedures for early dispute management
• Pre-Action Risk Assessment
• The role of the Engineer to agree or determine a claim or a matter
• Informal assistance by the dispute boards and its decision making 
• The Parties compliance with DB decisions
• Impact of DB decisions and opinions on arbitrator deliberation
• Case management techniques for facilitating settlement in arbitration
• Mediation/settlement windows
• Arbitral tribunal’s preliminary views on issues in dispute

• Sae Youn Kim, Partner, Kim & Chang, Republic of Korea  
• Marco Ruggiero, Head of CM International, Pini Group, Switzerland  
• Nino Tsaturova, Head of Legal & Director, Intelligent Solution LLC, Georgia  

12.30 - 13.00

Q&A

13.00 -14.30

Lunch

14.30 - 15.30

Session 7: Disruption
This session will address various complex tasks, beginning with defining disruption and distinguishing it from delay. Based on examples from their practice, panelists will illustrate how site personnel and in dispute resolution approach proof of the different components of a claim for disruption, such as causation, quantification of lost productivity and overhead; compliance with required notices; or mitigation, are approached on site and in dispute resolution. This will include a discussion including what arbitrators find most convincing or generally unsatisfactory when evaluating these claims.

15.30 - 16.00

Q&A 

16.00 - 16.30

Closing remarks and look at the future