IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C3.6, Convention Centre, Level 3

Session information

Civil and common law approaches to contract interpretation: a comparison – and do good faith obligations make any difference?

Wednesday 11 October (0930 - 1230)

Room C3.6, Convention Centre, Level 3


International Construction Projects Committee (Lead)


Drafters of complex construction contracts (and other commercial agreements) often insert clauses that shift risks from one party to another, and this panel will explore different ways in which some of these clauses are enforced in common law and civil law jurisdictions. Examples include, but are not limited to, clauses relating to changes, delays, differing site conditions, claim notice and indemnity. The session will be useful both to construction practitioners and anyone drafting or arbitrating/litigating complex commercial contracts in the global marketplace.

Session / Workshop Chair(s)

Douglas Oles Smith Currie Oles, Seattle, Washington, USA
Jean-Pierre Van Eijck SPANT Legal, Eindhoven, Netherlands


Jorge Allende D CMS Carey & Allende, Santiago, Chile
Matthew Bell Melbourne Law School, Other City, Victoria, Australia
Robert James Fenwick Elliott Keating Chambers, Other City, South Australia, Australia
Wayne Jocic Melbourne Law School, Parkville, Victoria, Australia
Anette Kavaleff MRS Oy Kavaleff Consulting AB, Vantaa, Finland
Professor Tuomas Lehtinen Castren & Snellman, Helsinki, Finland; Co-Chair, Project Establishment Subcommittee