Managing Legal Risk to Minimize Disputes

International Construction Law Association

Register

Register For This Event

About Event

Following on from the success of the ICLA Inaugural Seminar in Paris last June, the ICLA is proud to present its Bi-annual Conference, “Managing Legal Risk to Minimize Disputes”, which will be held on 26 January 2017 at the British University in Dubai, Dubai (UAE).

The ICLA Bi-annual Conference will examine how legal risk can be managed to minimize disputes under different jurisdictions of law globally, as well as exploring multi-party partnering contract and how it can be used to minimize disputes under different mandatory laws.

Established in May 2015, the ICLA engages all families of law globally and informs on, and debates, Construction Law issues. Dr. Wolfgang Breyer led the initiative by gathering together leading lawyers, barristers, construction professionals, judges, academics, universities and institutions internationally which specialize in International Construction Law.

The ICLA Bi-annual Dubai Conference 2017 is being held in partnership with Creative Word.

Government of Dubai Legal Affairs Department Accredited

Event Schedule

The morning session will include expert speakers presenting a high level overview of certain risks from differing Civil and Common law jurisdictions. The afternoon session speakers will offer solutions about how certain key risks (e.g. design risk, unforeseeable ground conditions and time for completion) may be managed contractually considering the mandatory law. This session will also cover multi-party contracts being used for minimizing disputes.

Morning 3 Hours 30min
  • 8:30 am - Registration

    The conferences starts after a 1/2 hour registration period.

  • 9:10 am - Introductory address: Standard problems in "big" construction

    - Understanding risk management distinct from risk allocation
    - Budgeting: Early and unrealistic budget figures
    - Early allocation of works without reliable risk-evaluation
    - Predatory Pricing (i.e. Abnormally Low Tender)
    - Lack of communication: Insufficient communication structures and inadequate linkage between design and build
    - Confrontational vs. cooperative principles for contracting: consultants and risk, late contractor involvement and no early warning/risk reduction approach

  • 9:00 am - Chair's Opening

  • 9:30 am - Overview of major risk factors in construction

    - Design risk and process - interface management
    - Unforeseeable ground conditions (i.e. soil conditions)
    - Time for Completion

  • 9:50 am - Legal background and key principles for risk management – GCC perspective

    - Design risk and process, interface management
    - Unforeseeable ground conditions (i.e. soil conditions)
    - Time for Completion
    - FIDIC principles as guideline for contracting practices in GCC

  • 10:35 am - MORNING TEA BREAK

  • 10:55 am - Legal background and key principles for risk management – Civil Law perspective

    - Design process - interface management
    - Unforeseeable ground conditions (i.e. soil conditions)
    - Time for Completion

  • 11:40 am - Legal background and key principles for risk management – Common Law perspective

    - Design risk and process - interface management
    - Unforeseeable ground conditions (i.e. soil conditions)
    - Time for Completion
    - Treatment of risk in standard contract forms including FIDIC, JCT & NEC

  • 12:25 am - LUNCH BREAK

Afternoon 3 Hours 45min
  • 1:40 pm - PART I - AFTERNOON SESSION

    General overview – Contractor risks in the UAE

  • 2:00 pm - Workshops 1-3

    Design Risk, Unforeseeable Ground Conditions and Time for Completion

    The key risks (design risk, unforeseeable ground conditions and time for completion) will be discussed in workshops to solve deficits of the reigning contractual practices and develop solutions to improve contractual standards (while considering the applicable law).

    Jurisdiction covered include:
    - North American Common law
    - English Common law
    - Germanic Civil law
    - Napoleonic Civil law
    - GCC Civil law
    - Chinese Civil law
    - Russian Civil law and more

  • 3:00 pm - Workshop Summary - Q&A

  • 3:30 pm - AFTERNOON TEA BREAK

  • 3:45 pm - PART II - AFTERNOON SESSION

    Key aspects of Alliance-Contract-Concepts and "real" Partnering

    - Early risk-evaluation: Use of Risk Registers
    - Early joint planning: Early contractor involvement
    - Enforceable rules for: Contribution, Responsibility and Early warning
    - Reimbursement of preconstruction costs and contract incentives
    - Links to agreed approaches of dispute resolution
    - Risk management linked to BIM, close integration of roles
    - Alliance Forms

  • 4:15 pm - Introducing FAC-1: Framework Alliance Contract

  • 4:45 pm - Open Panel Q&A Session

    How multi-party alliancing in general and FAC may operate under background of different jurisdictions of law

  • 5:15 pm - Day Overview

    Managing legal risk and multiparty alliancing under the different families of Common and Civil law

  • 5:25 pm - Chair’s Closing

Lineup of Speakers

Leading, international experts share their expertise

Speakers presenting at the ICLA's Bi-annual Conference are renowned construction law experts from around the globe. Each expert has pushed forward extraordinary work, created something out of a courageous idea or supported a cause that’s central to them. Amassing decades of experience between them, our speakers this year include: a Supreme Court Judge, leading academics and directors and managing partners at major law firms.

Speaker
Leading international construction lawyer whose firm won the Germany JUVE Awards 2016, Law Firm of the Year for Construction. Dr Breyer has extensive practical experience in all construction law matters globally. In academia, he created the Masters degree, International Construction: Practice & Law for the University of Stuttgart and is lecturer for King’s College London and Peking Law School.
Dr. jur. Wolfgang Breyer

Speaker
One of the most eminent construction lawyers from the United States with over 45 years’ experience in international construction law. Mr. Tieder is managing partner of Watt Tieder Hoffar & Fitzgerald recognised by Cambers USA as a leading Construction law firm in the United States.
John B. (Jack) Tieder

Speaker
A former judge of the German Supreme Court and the most prominent legal authority on construction law in Germany. Prof. Leupertz is particularly active in academia editing numerous Construction law books and journal and lecturer for University of Stuttgart and University of Maburg in Construction law.
Prof. Stefan Leupertz

Speaker
One of UK’s leading Construction lawyer and currently the Director of Centre of Construction and Disputes Resolution, King’s College London. Prof. Mosey has worked over 33 years in Construction law and was previously head of construction for law firm Trowers & Hamlin based in the Middle East.
Prof. David Mosey

Speaker
Prof Masadeh is Dean of the Faculty of Law at the British University of Dubai, UAE, with extensive experience in Construction law, currently leading the only Masters course dedicated to Construction law in UAE. Prof. Masadeh is also an accredited trainer in Construction law and Disputes resolution.
Prof. Aymen Masadeh

Speaker
Practices as both an English Solicitor and French Avocat and has more than 25 years of experience in the projects and construction sector, particularly with respect to dispute resolution (particularly ICC arbitrations under contracts incorporating FIDIC standard conditions). David is currently a partner at Clyde & Co, Paris office.
David Brown

Speaker
Jeremy Glover, a partner at Fenwick Elliott, advises on all aspects of projects both at home and abroad, from initial procurement to where necessary dispute avoidance and resolution. Recognised for international arbitration work in both Chambers and the Legal500, Jeremy has considerable recent experience of representing clients in both DAB and International Arbitration proceedings.
Jeremy Glover

Speaker
Is founding partner of expert Brazilian construction law firm Aroeira Salles Advogados, Sao Paulo. During his career, Alexandre has advised on some of the most important infrastructure and construction projects in Brazil, for instance, stadium projects for the 2014 World Cup and 2016 Olympic Games. Alexandre is founding member of the Brazil Infrastructure Institute
Alexandre Aroeira Salles

Speaker
Is currently partner of Russian law firm Shirvindt, Shcherbakov & Partners and Professor at Lomonosov Moscow State University Lomonosov Moscow State University, Russia. Prof. Shcherbakov is lead lecturer on Russian construction law and has been responsible for publishing numerous academic works and government advice on construction law issues.
Prof. Nikolay Shcherbakov

Speaker
Is a construction and projects partner with Clyde & Co, Dubai, and has been based in the Middle East since 1998, becoming a partner in 2004. He has been advising on the legal aspects of construction projects since 1993 when he qualified in the UK. Michael reviews, advises on and prepares construction contracts for major projects, particularly the FIDIC suite of contract conditions.
Michael Grose

Speaker
Is a Senior Lecturer and Co-Director of Studies for Construction Law at Melbourne Law School since in 2005 after several years' experience as a construction lawyer with Clayton Utz and Clifford Chance in London. Matthew is the author of many publications in the field, including the texts Construction Law in Australia and Understanding Australian Construction Contracts.
Matthew Bell

Speaker
is partner at Australian construction law powerhouse, Clayton Utz, and rated one of Australia's leading construction and infrastructure lawyers. He specialises in providing project structuring, strategic, commercial and risk allocation advice on all project delivery methods and is one of Australia's experts in collaborative/alliancing contracting delivery methods.
Marko Misko

Speaker
Is a partner in White & Case’s Doha office, practising in the International Arbitration and Construction and Engineering Groups. He advises on contentious international construction and infrastructure projects across a variety of industries, including transport, energy, petrochemical, process plant and construction and also the author of one of the leading books on construction law.
Julian Bailey

Speaker
Is a Director of Time | Quantum Expert Forensics Limited being a specialist consultancy firm providing expert technical advice to the construction industry in the context of disputes. Chris is a chartered Quantity Surveyor specialising as expert witness, adjudicator, mediator and arbitrator and currently Chairman of the Society of Construction Law.
Chris Ennis

Speaker
Bill is a Partner who specialises in the resolution of complex construction and engineering disputes. Bill has broad ranging experience across several jurisdictions and has been involved in major projects in a number of sectors and industries. Additionally, Bill also regularly advises project teams on dispute avoidance through adopting best practice in project administration.
Bill Smith

Speaker
Kim is a major projects lawyer with over 13 years' experience. Her practice focuses on all construction stages of the project cycle, in particular compliance issues, contract administration, dispute avoidance and dispute resolution. Kim's mandates are often high profile, international, and technical in nature.
Kim Rosenberg

Speaker
Faisal Attia is a Director with the Dubai office of DWF. He has extensive experience of resolving construction disputes across the MENA region. As one of the only Arabic-speaking construction law specialists in the MENA region, he has in-depth knowledge of the interpretation of Middle Eastern laws in the context of construction and commercial disputes, particularly in relation to arbitration and litigation.
Faisal Attia

Partners & Sponsors

Our esteemed partners & sponsors for this conference

We value our partners and sponsors and the important role they play in supporting the ICLA’s initiatives and development. The ICLA also focuses on working with Universities and academics in International Construction Law (as they are the conduit of information and research on latest issues) and with other highly regarded companies, organizations and media partners in the construction law industry.

Pricing

Not an ICLA member? Why not join and get all the upcoming benefits, including discounts to conference fees. See www.icl-assoc.com for joining the International Construction Law Association.

Regular Price

EUR550
  • Full Conference Pass
  • Full Price
  • REGULAR CONFERENCE PARTICIPANT
Register

Member Price

EUR385
  • Full Conference Pass
  • 30% Discount
  • ICLA MEMBERS ONLY
Register

Student Price

EUR275
  • Full Conference Pass
  • 50% Discount
  • UNIVERSITY STUDENTS ONLY
Register

Venue

Location that you'll be looking for

Conference Location

  • Address

    The British University in Dubai, Dubai International Academic City, Block11, Dubai, UAE

  • Phone Number
    +49 711 341 8000
  • Email
    info@breyer-rechtsanwaelte.de

Get Directions

Directions

Enter Destination From under Get Directions and Click on Get Directions Button.

© International Construction Law Association. All Rights Reserved.
Visit the official website of the ICLA at www.icl-assoc.com.