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 31 December 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

Download the programme

09.00 – 09.30

Welcome

  • Eduardo Damião Gonçalves, Partner, Mattos Filho, Veiga Filho, marrey Jr e Quiroga Advogados, Brazil; Vice President, ICC International Court of Arbitration
  • Nelson Ogunshakin, Chief Executive Officer, FIDIC, Geneva

09.30 – 10.00

Keynote address

  • Hamid Bdine, Former State Judge, São Paulo; Professor, Civil & Commercial Law, Mckenzie and GVLaw Universities, Brazil

10.00 – 10.20

Coffee break

10.20 – 10.30

Introduction by conference Co-chairs

  • Christopher R. Seppälä, Partner of Counsel, White & Case LLP, France; FIDIC’s observer, ICC International Court of Arbitration; Member, ICC Institute of World Business Law; Legal Advisor, Contracts Committee, FIDIC
  • Ana Serra e Moura, Deputy Secretary General, ICC International Court of Arbitration, Paris

10.30 – 11.30

Session 1: An introduction to FIDIC and its Forms of Contract, including 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

  • Aisha Nadar, Senior Consultant, Procurement Management and Dispute Resolution, Advokatfirman Runeland, Sweden; Member, FIDIC Executive Committee and Chair of Procurement Policy Sub-Committee

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.

  • Paul Battrick, FRICS, MCIArb, CEDR Accredited Mediator; Managing Director International, Driver Trett, United Kingdom
  • David Brown, Partner, Clyde & Co., France; Council Member, ICC Institute of World Business Law; FIDIC President’s List of Adjudicators
  • Karen Gough, Barrister, Attorney at Law and Chartered Arbitrator, 39 Essex Chambers, United Kingdom

Moderated by:

  • Aisha Nadar

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.

  • Stephan Adell, Partner, Squire Patton Boggs, France/Dominican Republic
  • Christopher Seppälä
  • Flávio Spaccaquerche Barbosa, Partner, Mattos Filho, Brazil
  • Debora Visconte, Founding Partner, Vicsonte Advogados, Brazil

Moderated by:

  • Ana Serra e Moura

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 multi-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

  • Andrea Carlevaris, Partner, Bonelli Erede with Lombardi, Italy; former Secretary General, ICC International Court of Arbitration
  • Maria Claudia Procopiak, International Arbitrator, Procopiak Arbitration, United Kingdom/Brazil
  • Gustavo Scheffer da Silveira, Counsel, Mayor Brown, Brazil
  • Gustavo Tepedino, Partner, Gustavo Tepedino Advogados, Brazil; Professor, UERJ Law School

Moderated by:

  • Ana Serra e Moura

17.30 – 18.00

Q&A

18.00 – 20.00

Cocktail reception

Day 2

 

Download the programme

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?

  • Nicholas Gould, Partner, Fenwick Elliott, United Kingdom
  • Cecilia Misu, Chief Executive Officer, MCSQUARE, Germany
  • Rohit Singhal, Chief Executive Officer and Construction Dispute Expert, Masin, india

Moderated by:

  • Jorge Diaz Padilla, Chief Executive Officer, Systec, Mexico; Past president, FIDIC

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

  • Jorge Luis Gonzalez, Senior Procurement Specialist, Inter-American Development Bank IADB, Paraguay
  • Ana María Grofsmacht, Senior Procurement Specialist, World Bank Group, Argentina
  • Aisha Nadar

Moderated by:

  • Nelson Ogunshakin

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

  • Lyda Bier, Lawyer admitted to the Netherlands Bar, Bier advocaat, The Netherlands
  • Eugenia Marolla, Deputy Chief Attorney, State of São Paulo, Brazil
  • Giovanni Ettore Nanni, President, Brazilian Arbitration Committee ; Partner, Nanni Advogados, Brazil

Moderated by:

  • Patricia Ferraz, Counsel, ICC International Court of Arbitration, São Paulo

12.15 – 12.45

Q&A Sessions 6

13.00 – 14.30

Lunch

14.30 – 15.30

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

  • Shelly L. Ewald, Partner, Watt, Tieder, Hoffar & Fizgerald, L.L.P, United States
  • Jaime Gray, Founding Partner, NPG Abogados, Peru
  • Erin Miller Rankin, Partner, Freshfields Bruckhaus Deringer, United Arab Emirates
  • Leonardo Toledo da Silva, Partner, Toledo Marchetti, Brazil; President of the Brazilian Institute of Construction Law (IBDIC); Professor at FDV Direito-SP

Moderated by:

  • Aisha Nadar

15.30 – 16.00

Q&A

16.00 – 16.30

Coffee break

16.30 – 17.15

Session 8: FIDIC in central and South America

  • Júlio César Bueno, Partner, Pinheiro Neto, Brazil; President, Brazilian Society of Construction Law (SCL Brazil); Legal Director, Brazilian Association of Consulting Engineers (ABCE)
  • Roberto Hernandez Garcia, Managing Partner, COMAD, S.C. Law Firm, Mexico

17.15 – 17.45

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.

  • Patricia Ferraz
  • Aisha Nadar
  • Christopher R. Seppälä
  • Ana Serra e Moura

17.45 – 18.00

Closing of the conference

  • Aisha Nadar
  • Christopher R. Seppälä
  • Ana Serra e Moura

Stephan Adell

Partner, Squire Patton Boggs, Dominican Republic/France

Paul Battrick

FRICS, MCIArb, CEDR Accredited Mediator; Managing Director International, Driver Trett, United Kingdom

Hamid Bdine

Former State Judge, São Paulo; Professor, Civil & Commercial Law, Mckenzie & GVLaw Universities, Brazil

Lyda Bier

Independent practicioner, Bier advocaat, The Netherlands

David Brown

Partner, Clyde & Co, France; Council Member, ICC Institute of World Business Law; FIDIC President’s List of Adjudicators

Júlio César Bueno

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

Andrea Carlevaris

Partner, Bonelli Erede with Lombardi, Italy; former Secretary General, ICC International Court of Arbitration

Eduardo Damião Gonçalves

Partner, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, Brazil; Vice President, ICC International Court of Arbitration

Jorge Díaz Padilla

Chief Executive Officer, Systec, Mexico; Past President, FIDIC; Chair, FIDIC Integrity Management Committee

Shelly L. Ewald

Partner, Watt Tieder Hoffar & Fitzgerald LLP, United States

Patricia Ferraz

Counsel, ICC International Court of Arbitration, São Paulo

Jorge Luis Gonzalez

Senior Procurement Specialist, Inter-American Development Bank IADB, Paraguay

Karen Gough

Barrister and Arbitrator, Member of 39 Essex Chambers, United Kingdom

Nicholas Gould

Partner, Fenwick Elliott LLP, United Kingdom

Jaime Grey

Founding Partner, NPG Abogados, Peru

Ana María Grofsmacht

Senior Procurement Specialist, World Bank Group, Argentina

Roberto Hernandez García

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

Eugênia Marolla

Deputy Chief Attorney, State of São Paulo, Brazil

Erin Miller Rankin

Partner, Freshfields Brickhaus Deringer LLP, United Arab Emirates

Cecilia Misu

Chief Executive Officer, CMSquare, Germany

Aisha Nadar

Senior Consultant, Procurement Management and Dispute Resolution, Advokatfirman Runeland, Sweden; Member, FIDIC Executive Committee and Chair of Procurement Policy Sub-Committee

Giovanni Ettore Nanni

President, Brazilian Arbitration Committee (CBAr); Partner, Nanni Advogados, Brazil

Nelson Ogunshakin

Chief Executive Officer, FIDIC, Geneva

Maria Claudia Procopiak

International Arbitrator, Procopiak Arbitration, United Kingdom/Brazil

Gustavo Scheffer da Silveira

Counsel, Mayer Brown, Brazil

Christopher R. Seppälä

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

Ana Serra e Moura

Deputy Secretary General, ICC International Court of Arbitration, Paris

Rohit Singhal

Chief Executive Officer and Construction Dispute Expert, Masin Project, India

Flávio Spaccaquerche Barbosa

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

Click here to view our flyer in English

Click here to view our flyer in Portuguese

Venue

Mattos Filho, Veiga Filho,
Marrey Jr e Quiroga Advogados
Avenida Brigadeiro Faria Lima, 4100 – 6° andar, 04538-132
São Paulo, Brazil

Registration fees

Early bird until 31 December 2019: US$400
ICC Members: US$460.80 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: US$576

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 20% 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.

ICC has however secured a room block at the Blue Tree Premium Faria Lima Hotel with preferential rates. A link will be sent upon registration allowing participants to make their reservations directly.

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.

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