9.00: Welcome coffee and registration

9.30: Chairs’ opening remarks

  • Jane Davies Evans, 3 Verulam Buildings
  • Peter Rosher, Reed Smith

9.40: Keynote address: Let’s get together – arbitral best practice for the next decade

  • Professor Doug Jones AO, Atkin Chambers

10.10: Session one: Oops, I did it again – a conversation with contract managers

Contract managers play an increasingly important role in dispute avoidance, with good contract management taking centre stage in the FIDIC 2017 suite of contracts. We ask some of the world’s leading contract managements and construction lawyers what makes a good contract manager, and how FIDIC 2017 has impacted on contract management resourcing within contractors and clients? We also pose the question: Contract managers: failed project managers, would-be lawyers or essential and valued members of every international contractor?

Moderator:

  • Peter Rosher, Reed Smith

Panel:

  • Nicholas Gould, Fenwick Elliott
  • Gregory Leveau, e²cm Consulting
  • Lucy Fusager Johnsen, Barslund
  • Laurent Gaultier, ALSTOM

11.20: Coffee break

11.45: Session two: Everybody wants to rule the world – Belt and Road and implications for construction arbitration

In this session our speakers discuss what the Belt and Road projects means for the future of construction arbitration. Paris has been the traditional home of construction arbitration ever since FIDIC chose ICC arbitration as its default arbitration provision. But with Chinese money funding and Chinese contractors building infrastructure on every continent, will the rise in Chinese rooted projects see construction arbitration practitioners moving East?

Moderator:

  • Jane Davies Evans, 3 Verulam Buildings

Panel:

  • Chau Ee Lee, Addleshaw Goddard
  • Erin Miller Rankin, Freshfields Bruckhaus Deringer
  • Evans Monari, Bowmans
  • David Nitek, Herbert Smith Freehills
  • Dan Perera, Reed Smith

13.00: Networking lunch

13:45: Session three: It’s all about the money – roundtable with quantum experts

In a change from the usual GAR Live “Ask the arbitrator” sessions, we turn our attention to quantum experts. Our panel of quantum experts are ready to answer the questions that rarely receive straight answers. Do you need a quantum expert at all in construction arbitration given that most of the quantum evidence presented in construction arbitrations is simply adding up numbers extracted from the contractors’ project records? And why are quantum experts so expensive? How personally involved is the testifying expert in the preparation of their report? When (if ever) is an independent quantum expert conflicted? Why is it so difficult to value plant? Who makes the best quantum experts: quantity surveyors, engineers or accountants? We will also ask the quantum experts to take us through the looking glass into an expert conclave, explaining how they work with their opposing number when preparing joint expert reports etc.

Moderator:

  • Peter Rosher, Reed Smith

Panel:

  • Anamaria Popescu, Berkeley Research Group
  • Mark Wheeler, Diales
  • Simon Braithwaite, BDO
  • Ian Osbaldeston, Blackrock Expert Services
  • Iain McKenny, Profile Investment

14:45: Session four: Call me, maybe? A mock arbitration hearing segment

Given cash is the life blood of the construction industry, and the cataclysmic impact a successful demand can have on a contractor’s ability to continue trading, some employers view calling on-demand bonds and guarantees as a valid strategy for bringing their contractors to heel (and the negotiating table).

In our final session of the day, we join an arbitration hearing addressing a Contractor’s application for urgent interim measures protecting their performance bond from the Employer’s attempt to call the bond after the Contractor commences an arbitration following a disputed termination. We observe counsel putting their case for and against the application, then assist the co-arbitrators deliberating whether to issue the requested relief or not.

Moderator:

  • Jane Davies Evans, 3 Verulam Buildings

Arbitrators:

  • Sir William Blair, 3 Verulam Buildings
  • Brian King, Independent Arbitrator
  • Smitha Menon, WongPartnership

Counsel:

  • Hassan Arab, Al Tamimi & Company
  • Tony Dymond, Debevoise & Plimpton
  • Nadia Darwazeh, Clyde & Co
  • Hamish Lal, Akin Gump Strauss Hauer & Feld

16:00: Chairs’ closing remarks

  • Jane Davies Evans, 3 Verulam Buildings
  • Peter Rosher, Reed Smith

16.05: Close of conference

  • Event Details
  • Location: Paris (France)
  • Start Date: 02/04/2020 9:00 am
  • End Date: 02/04/2020 4:00 pm
  • ArbitralWomen Participation: Nadia Darwazeh, Anamaria Popescu, Erin Miller Rankin