*** Please note that online booking for this event is now closed. If you have any queries, please telephone +44 (0)20 7421 7447. ***
The Dispute Appointment Service at CIArb and Deloitte LLP invites you to join the discussion on the future of infrastructure disputes. The conversation will seek to address a plethora of new challenges and opportunities, such as issues of dispute resolution, including ADR and avoidance, the participation of state-owned entities, funding and operations, risk management issues, sustainability and technology.
The event will consist of two panel discussions led by leading lawyers and commercial experts and will be followed by a drinks reception. Kindly hosted by Deloitte in London, this event will be of interest to practitioners, academics, lawyers, politicians and the judiciary as well as business leaders with an interest in infrastructure disputes.
13:30 - 13:50 Registration and afternoon tea/coffee 13:50 - 15:00 Panel 1 - Legal issues and Q&A Moderated by Olena Gulyanytska, CIArb
Opening remarks from Chris Clements, Deloitte LLP
Nicholas Gould FCIArb, Fenwick Elliott: ‘Issues of dispute resolution, including ADR and avoidance’ The presentation will cover adjudication, domestic litigation and arbitration, mediation, common causes of disputes, managing documentation and digital technology.
Rebecca Shorter, White & Case: ‘Multi-tiered Dispute resolution clauses and their suitability for big infrastructure projects’
Matthew Smith and Nita Mistry, K&L Gates: ‘Mega Project Management and Disputes – challenges and opportunities’ Matthew Smith and Nita Mistry will present on the challenges and opportunities relating to infrastructure mega project management including reasons behind the rise of mega projects, characteristics of good mega project management, common mistakes and pitfalls when managing mega projects and avoiding and resolving disputes. Matthew and Nita will share their experiences of advising on infrastructure mega projects and mega project arbitration including practical tips and best practice.
Olena Gulyanytska FCIArb, DAS CIArb: ‘Constructive Disputes: reflections on the growing use of dispute avoidance boards (DABs) and conflict avoidance boards (CABs) in domestic and international construction disputes’. The presentation will cover the international and domestic use of DABs and CABs in construction disputes.
15:00 - 15:20 Afternoon break – tea/coffee 15:20 - 16:30 Panel 2 - Commercial issues and Q&A Moderated by Chris Clements, Deloitte LLP
Alex Lubbock, IPA: ‘Avoiding Disputes Through Innovation’ This presentation seeks to introduce the IPA and Transforming Infrastructure Performance. Touching on strategy and policy relating to Smarter Infrastructure, including digital and manufacturing technologies, Alex will discuss how innovation can prevent and avoid operational and financial risks in infrastructure disputes, eventually avoiding disputes in total. The presentation will also address issues of transparency and accountability and how they will contribute to sustainable infrastructure relationships and development.
Dr David-John Gibbs, HKA: ‘Causation of Disputes and Empirical Review’ This presentation will provide insight into claims and dispute causation on major capital projects worldwide. Dr Gibbs will share the findings from his latest research project, and the underlying data in context of his recent client work. The presentation will also cover the role of digital in reducing the scale of dispute risks.
Laurence Morgan, Deloitte LLP: ‘Avoiding Failure and Contingency Planning’ This presentation will touch on the financial distress in the industry, in particular how it has led to disputes on PFI projects. The presentation will provide examples of PFI failures and discuss the challenges of resolving disputes on termination.
Marie-Claire O’Hara, Laing O’Rourke: ‘Securing performance and issues of contracting for JVs’ This presentation will explore issues in contracting, risk allocation and risk management from the perspective of the contractor acting on large-scale infrastructure projects. It will discuss approaches to securing performance from critical suppliers.
16:30 - 17:30 Drinks hosted by Deloitte
*Please note that this programme is subject to change.