Conference programme

There is plenty of advice against amending standard forms. However, the reality is that parties cannot resist amendments, particularly as amendments may be required by funders or to address aspects of the applicable law. The panel will discuss the pros and cons of amendments to FIDIC conditions which they have seen agreed.

What should be included in the ideal variations clause, and what are the considerations when drafting? This session will review a draft clause for discussion by delegates.

What are the best ways of avoiding disputes which go to arbitration? Panellists will present and debate the procurement methods and contractual provisions which they consider to be the most effective.

Following the popularity of this session at the previous editions of this conference, delegates and panellists will work through a new case study explaining how they view the same construction law issues.  The interactive case study will seek to highlight issues which are particularly affected by the applicable law.

It is often difficult to pursue successfully a claim for the costs of accelerating because an extension of time has not been granted that should have been. What are the challenges and how best are they overcome? The panel will provide a list of recommendations for discussion with delegates.

When a call on a demand guarantee (or “on demand bond”) is anticipated or in fact made, which jurisdictions are of interest to those trying to defend the call.  The panellists will consider such jurisdictions and judgments issued by their courts.  They will consider if there are preferred jurisdictions for those trying to defend calls against demand guarantees.

It is commonly accepted that party appointed experts in arbitrations should give independent and impartial evidence. The perception, if not also the reality, is that this often does not happen. What, if anything, can be done? The panel will present its recommendations for discussion with delegates.

Construction disputes often include many low value claims (eg, low value variations which are disputed in principle and/or quantum). Addressing them like other claims risks disproportionate costs. What are the options for addressing such claims (eg, sampling)? The panel will produce a menu of options and debate their advantages and disadvantages.

We each have a ‘friend’ who has worked on a big claim which was dismissed. What common lessons can be learned from discussing our friends’ unsuccessful cases? The panel will present a list for discussion with delegates, who are asked to bring tales of their friends’ unsuccessful cases to this session.