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Main Conference Days: 25 - 26 June 2019 Workshops: 24 & 27 June 2019 Venue: Novotel Century Hong Kong Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts FIDIC Asia Pacific Contract Users’ Conference FIDIC Presents the 11th Annual Asia Conference Confirmed Speakers Include: Supporting Sponsors Associate Sponsor Dick Kell CARDNO Yisheng Yang CHINA ENERGY ENGINEERING GROUP Dr. Nelson Ogunshakin OBE, FIDIC Zhang Weijin CHINA CIVIL ENGINEERING CORPORATION Liu Luobing FIDIC BOARD The Essential Forum for Engineering & Construction Law Professionals to Successfully Use the FIDIC Suite of Contracts, Manage Major Projects and Resolve Disputes

FIDIC Asia Pacific Contract Users’ Conference10:50 Comparative Advantages of FIDIC in Relation to Other Commonly Used Standard Forms of Contract in Asia Pacific and Beyond The aim

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Main Conference Days: 25 - 26 June 2019Workshops: 24 & 27 June 2019Venue: Novotel Century Hong Kong

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

FIDIC Asia Pacific Contract Users’ Conference

FIDIC Presents the 11th Annual Asia Conference

Confirmed Speakers Include:

Supporting Sponsors Associate Sponsor

Dick Kell CARDNO

Yisheng Yang CHINA ENERGY

ENGINEERING GROUP

Dr. Nelson Ogunshakin OBE,

FIDIC

Zhang Weijin CHINA CIVIL ENGINEERING

CORPORATION

Liu LuobingFIDIC BOARD

The Essential Forum for Engineering & Construction Law Professionals to Successfully Use the FIDIC Suite of Contracts, Manage Major Projects and Resolve Disputes

Day 1 - Main Conference - Tuesday 25 June 2019

08:30 Registration & Coffee

08:55 Chair’s Opening Remarks

09:00 Opening Address by the new FIDIC Chief Executive Officer, Dr. Nelson Ogunshakin OBE

Dr. Nelson Ogunshakin OBE, Chief Executive Officer, FIDIC

09:30 What the Contracts Committee is Currently Working on and Pipeline Including Green Book Update

Zoltán Záhonyi, Chairman, FIDIC CONTRACTSCOMMITTEE

09:50 The 2017 FIDIC Contracts: Recap of the Most Important Changes and Brief Discussion of Points Raised in Recently Published Articles and Commentary

The New FIDIC Suite of Contracts, officially launched in December 2017, has been received with great interest by the global construction industry generating high levels of engagement and debate amongst Users and advisers alike. As Consulting Engineers, Employers, Contractors, and Construction Law professionals form a view on the capabilities of the 2017 Suite, our panel of FIDIC experts and Contracts’ Committee members will briefly remind delegates of the main changes introduced and the reasons why these were decided by FIDIC to be necessary or an improvement, and proceed to briefly respond to some of the points raised in them any articles and commentary on the new Suite published in the last few months, thus continuing the dialog started last year. This session will help set the scene for the morning sessions addressing the way in which the new Suite of Contracts has been received by the global industry.

Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEEZoltán Záhonyi, Chairman, FIDIC CONTRACTS COMMITTEEAisha Nadar, Member, FIDIC BOARD

10:30 Morning Coffee

10:50 Comparative Advantages of FIDIC in Relation to Other Commonly Used Standard Forms of Contract in Asia Pacific and Beyond

The aim of this session is to offer delegates an in-depth understanding of key comparative featuresbetween FIDIC and other forms of contract such as ENAA, NEC, ECC, JCT et al. Our panel of experts will compare and contrast salient aspects of the different forms of contract and examine which types of projects these may be ideally suited to. Likely areas of coverage include:n Contract administration (including discussion of Engineer’s role)n Cooperation / good faithn Early warningn Claims/time barsn Dispute resolutionn Time/programme

Bernard Ang, Partner, PINSENT MASONS Ben Bury, Partner, HFW

Moderator: Dr. Donald Charrett, FIDIC President’s List of Adjudicators and Principal Drafter, FIDIC TASK GROUP 15

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

Main Conference Days: 25 - 26 June 2019Workshops: 24 & 27 June 2019

Venue: Novotel Century Hong Kong

FIDIC Asia PacificContract Users’ Conference

Dr. Nelson Ogunshakin OBE

Aisha Nadar

Siobhan Fahey

Zoltán Záhonyi

Zoltán Záhonyi

Dr. Donald Charrett

Bernard Ang

Ben Bury

11:30 Global Implementation of FIDIC - Spotlight on China and Hong Kong China’s infrastructure requirements show no signs of slowing down. Specialist advisory firms

estimate the investment needed to be circa US$9 trillion by 2025 and Beijing puts that the investment required to build infrastructure supporting its Belt and Road initiative alone at approximately US$ 890 billion – a figure further increased by physical infrastructure network required to realize the Belt and Road Initiative (BRI) ofre-connecting Asia, Europe and Africa over land and linking East and West via a network of sea routes. FIDIC conditions of contract have been widely used in China for the delivery of major construction projects for a number of years now, primarily in projects financed by foreign governments, international and multilateral organizations or foreign companies. This panel comes together to examine the use of FIDIC in the region and how this is helping underpin major construction projects

Moderator: Dr. Nelson Ogunshakin OBE, Chief Executive Officer, FIDIC

Panellists: Liu Luobing, Member of the FIDIC Board; Vice Chief Engineer, SHANGHAI INVESTMENT CONSULTING CORPORATIONAisha Nadar, Member, FIDIC BOARD

12:05 Chinese Contractors’ Perspective on the Use of FIDIC in the International Market Having assisted Chinese contractors in their overseas projects long before OBOR became an official policy, Pinsent Masons has been a firm advocate for the adoption of FIDIC based contracts. We will examine the key drivers that has led to FIDIC becoming universally accepted by Chinese contractors, not only as the form of contract they enter into, but as setting the international “norm” for a fair and equitable allocation of risks, even when FIDIC is not used. We will also provide an insight into the Chinese Contractors perspective of the new FIDIC 2nd edition.Bernard Ang, Partner, PINSENT MASONS

12:25 Effectively Managing Contract Variation TermsUnder FIDIC Variations are a key issue on projects. It is important to know how a variation should be

ordered and what instructions must be given. Disputes arise when there is a disagreement about whether an item of work counts as extra or if it has been formally ordered

Ben Bury, Partner, HFWBen Mellors, Partner, HFW

12:55 Lunch

14:00 Effective Claims Management Under FIDIC –Avoiding, Containing and Handling claims

Claims are not inevitable. Giving attention to their avoidance and containment is just as important as properly presenting and handling them. This session will discuss ways to prevent claims from arising in the first place. In addition, it will focus on the situation ifc laims do arise and cover how to best present claimsand successfully pursue or defend them. Coverage includes:n Understanding typical project risksn Tools to avoid and manage claimsn FIDIC’s requirements for notices of claimn Handling time bar provisions under common and civil lawn Preventing claims from becoming dispute

Kelvin Aw, Director, CMSBen Burley, Senior Director, ANKURA

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

Gain up to 24 CPD hours! • 24 hours (main conference & all workshops)

• 12 hours (main conference) • 6 hours (workshop A) • 3 hours each (workshops B & C)

FIDIC Asia PacificContract Users’ Conference

Dr. Nelson Ogunshakin OBE

Liu Luobing

Aisha Nadar

Ben Bury

Kelvin Aw

Ben Burley

Ben Mellors

Bernard Ang

14:45 Ask the FIDIC Experts – Q&A Session Our annual “Ask the Experts Q&A” session has become one of our most popular perennials

with contract users from across the globe. Put simply, the FIDIC Contract Users’ conference is your conference and this is therefore your opportunity to put your questions directly to members of the FIDIC Contracts Committee in attendance. Our experts will try to address as many of your questions as possible during the two days of the event and these can be submitted to the contracts committee in a number of ways. You can:n Ask for the microphone and put your questions live to our panel on stagen Submit a question through our event app and have this answered in real timen Tweet us your question using the hashtag #FIDICAsia19n Email a complex question in advance to [email protected] so this can be

addressed by our experts at the event having given it careful consideration in the run-up to the event

15:00 Looking at the Relationship Between FIDIC andthe MDBs The FIDIC Pink book has been included in the IFI Standard Bidding Documents for almost 15 years. During this time, much has evolved in procurement and project delivery. The World Bank, along with other IFIs, has under gone extensive procurement reforms aimed at better achieving value for money. Defining the way forward, so that procurement can be used as a strategic tool in achieving core objectives of recipient countries, as well as financial institutions, considering key issues such as sustainability, integrity, and capacity building, is critical. This session will:n Provide an outline of the Bank’s Procurement Reforms, including key features in the revised

Effective Development strategyn Identify key ingredients of the procurement process from the MDB perspectiven Analyse FIDIC’s role before, during and after the contracting process

Moderator: Aisha Nadar, Member, FIDIC BOARD

Panellists: Kofi Awanyo, Lead Procurement Specialist, WORLD BANKMichino Yamaguchi, Director of LPPSD; Head of Procurement, JICAVijay Akasam, Senior Procurement Specialist, ASIAN DEVELOPMENT BANK

15:45 Afternoon Refreshments

16:05 New Official Guidance on Modifying FIDIC Conditions – FIDIC Golden Principles This session will offer an exclusive insight into the new FIDIC guidance on safely modifying

FIDIC Conditions of Contract by maintaining the integrity of the FIDIC Golden Principles, to minimize disputes. The presenters are members of Task Group 15 on Golden Principles, whose remit is to determine the limits of acceptable modification of Clauses in the Particular Conditions, so as the resultant contract can still berecognised as a FIDIC compliant contract. These FIDIC Golden Principles are applicable to both the FIDIC1999 Suite, and the 2017 Second Editions. Case studies on critical Do’s and Don’ts will be provided in the content of this session.n Understanding typical project risksn Using the tools the FIDIC contract gives youn Different approaches under the civil and commonlawn The requirements for notices of claimn How best to prevent claims becoming disputes

Husni Madi, FIDIC Accredited Trainer; CEO Shura Construction Management; Member, FIDIC TASK GROUP 15

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

“The FIDIC Asia Pacific Contract Users’ Conference is an exemplary gathering of practitioners in the construction industry from different parts of the world to share experiences and help

validate the contents of FIDIC forms as well as identifying areas for improvement.” S. M. P. Pablo, ADB

FIDIC Asia PacificContract Users’ Conference

Michino Yamaguchi

Vijay Akasam

Husni Madi

Aisha Nadar

Kofi Awanyo

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

Main Conference Days: 25 - 26 June 2019Workshops: 24 & 27 June 2019

Venue: Novotel Century Hong Kong

FIDIC Asia PacificContract Users’ Conference

Sebastian Hök

16:50 Making the Most of The FIDIC Suite of Agreements This session will take you through FIDIC’s update of itssuite of Agreements, released in February 2017, for use in professional services contracting. The new White Book (update of the 2006 Edition) for Client-Consultant relations, the Sub-consultancy Agreement, 2nd edition, 2017, whenever a White Book (or other) Consultant aims at subcontracting part of its Services, and the JV Agreement for Consultants, 2nd edition 2017, forming a JV or a Consortium to deliver Services to a Client, under a White Book arrangement or other. Coverage includes:

n Main features of the new FIDIC 2017 White Book vs. the 2006 Editionn The new FIDIC 2017 Sub-Consultancy Agreement, to be used in conjunction with the new

White Book or othern The New FIDIC 2017 JV Agreement – for Consultants teaming up under a White Book

arrangement, or other, with the Clientn Making the most of the new suite of Agreements - top tipsn Questions & Answers

Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST

17:35 Ask the FIDIC Experts – Q&A Session Our annual “Ask the Experts Q&A” session has become one of our most popular perennials

with contract users from across the globe. Put simply, the FIDIC Contract Users’ conference is your conference and this is therefore your opportunity to put your questions directly to members of the FIDIC Contracts Committee in attendance. Our experts will try to address as many of your questions as possible during the two days of the event and these can be submitted to the contracts committee in a number of ways. You can:n Ask for the microphone and put your questions live to our panel on stagen Submit a question through our event app and have this answered in real timen Tweet us your question using the hashtag #FIDICAsia19n Email a complex question in advance to [email protected] so this can be

addressed by our experts at the event having given it careful consideration in the run-up to the event

17:50 End of Session and Drinks Reception

MEET OUR SUPPORTING SPONSORS

CMS has more than 4,500 lawyers in 69 offices around the world, including in Asia, Africa and the Middle East, and frequently operates in those countries where we have no permanent base. We are recognised as market leaders and top-ranked by independent directories for our expertise in Construction (International Arbitration, Purchaser and Supplier), PFI/PPP, and Energy and Natural Resources.

Law Firm of the Year 2019 (Legal Business) Pinsent Masons is an international law firm with over 400 lawyers specialising in infrastructure worldwide. As the world’s leading Construction Law Firm (Who’s Who Legal 2019), we have extensive experience of all forms of FIDIC Contract under common law and civil code legal systems, in many different sectors and jurisdictions around the world.

HFW’s Construction law team has a global reach with highly regarded groups in our offices across Asia Pacific, Europe and the Middle East. With regional offices in Hong Kong, Shanghai, Singapore, Jakarta, Sydney, Melbourne and Perth and extensive technical knowledge of working on large-scale, complex infrastructure and energy-related projects, our market leading Asia-Pacific team of dedicated construction specialists has an unparalleled understanding of all aspects of construction across the region. Our Partners are recognised as experts in construction law and the FIDIC forms of contracts. They are the authors of the leading book on project change, ‘’Construction Contract Variations’’, and one partner is co-author of the one of the leading textbooks on the major FIDIC forms, ‘’FIDIC Contracts: Law and Practice’’. www.hfw.com/Construction

Day 2 - Main Conference - Wednesday 26 June 2019

08:00 BREAKFAST BRIEFING: BIM and BlockchainTechnology in Infrastructure projects - Regional Developments

08:45 Registration & Coffee

08:55 Chair’s Opening Remarks

Aisha Nadar, Member, FIDIC BOARD

09:00 Introducing the Emerald Book 2019 Edition, Emerald Book, the New Form of Contract for Underground Works

The Emerald Book is the new Form of Contract for Underground Works, designed by the Contractor. A joint endeavour of FIDIC and the International Tunnelling and Underground Space Association ITA-AITES, it aims at a balanced allocation of subsurface risks in order to contain project costs and to improve costs stability, for the benefit of the underground industry. Some of the main features of the Emerald Book are the Geotechnical Baseline Report GBR, the role of the Engineer, the remeasurement sub-clauses and the adjustment of Time for Completion. With respect to the other FIDIC Forms of Contract, the Emerald includes an extensive Guidance for the Preparation of Tender Documents by the Employer, a center pin of any good contract.n Greeting and Introduction to the ITAn A brief Introduction to the Emerald Bookn Allocation of Risk related to Sub-Surface Conditions in the Emerald Bookn Adjustment of Time for Completion, a fundamental Concept of the Emerald Bookn The Role of the Engineer in the Emerald Book

Zoltán Záhonyi, Chairman, FIDIC CONTRACTS COMMITTEE

09:40 2017, 1999 or 1987 - Which Version of FIDIC Contracts do You Prefer and Why? This panel session brings together Employers, Contractors and Lawyers to share their perspectives

on their preferred FIDIC Contract Editions. The panellists will explore and explain what works for them and why across various projects and industries. Join the discussion.

Moderator: Dr. Donald Charrett, FIDIC President’s List of Adjudicators and Principal Drafter,

FIDIC TASK GROUP 15Panellists: Wenjin Zhang, Vice President, CHINA CIVIL ENGINEERING CORPORATION Naoki Iguchi, Partner, NAGASHIMA OHNO & TSUNEMATSU Salvador P. Castro, JR Arbitrator, Adjudicator, Dispute board and Mediator, SP CASTRO, INC.

10:25 Morning Coffee

10:45 Regional & International Case Studies Review by Experienced FIDIC Users This panel session will assemble experienced FIDIC Contract Users from different regions

and industry sectors to share their experiences in using the FIDIC Contracts as key project administration tools in some of the most challenging environments. Delegates will benefit from listening to case studies on the FIDIC Redand Yellow Book, as well as other books in the FIDIC Rainbow suite, and will also have an opportunity to pose any questions to the panellists. All case studies will be new to this conference.

Peng Zhang, Director; Engineering Management Department, YALONG RIVER HYDROPOWER DEVELOPMENT COMPANYDick Kell, Senior Principal, Civil Engineering, CARDNOMichino Yamaguchi, Director of LPPSD; Head of Procurement, JICANaoki Iguchi, Partner, NAGASHIMA OHNO & TSUNEMATSU

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

Main Conference Days: 25 - 26 June 2019Workshops: 24 & 27 June 2019

Venue: Novotel Century Hong Kong

FIDIC Asia PacificContract Users’ Conference

Zoltán Záhonyi

Naoki Iguchi

Naoki Iguchi Peng Zhang

Salvador P. Castro

Dr. Donald Charrett Weijin Zhang

Aisha Nadar

Michino Yamaguchi

Dick Kell

11:50 Contract Administration and Dispute Avoidance from an International Contractor’sPerspective

This panel session will assemble seasoned Contractors and in-house contract specialists from large infrastructure and engineering firms operating atthe coal face of real world implementation of FIDIC Forms of contract. The panel will be discussing critical areas of contract administration including optimisation opportunities and common pitfalls to avoid, as well as the latest trend in dispute management and avoidance. Each of the speakers will provide a key takeaway or mantra to live by as a Contractor-side user of FIDIC. Not to be missed!

Yisheng Yang, General Manager, ENERGY CHINA INTERNATIONAL Dick Kell, Senior Principal, Civil Engineering, CARDNO Song Dongsheng, Chairman, SINOHYDRO CORPORATION*

Moderator: David McElvenye, Partner, CLYDE & CO

12:35 Lunch

13:50 Dredging and Reclamation Works / Harbour Projects Under FIDIC

This session will focus on the use of FIDIC contracts on harbour projects involving the choice between the Blue Book (Dredging and Reclamation form, 2nd Edition) and the Rainbow Edition, 2017. It will shed light on how the Chinese One Belt, One Road - respectively Belt and Road Initiative (BRI), has since 2013 focused on the development of a transportation network in Asia involving not only roads but also harbour projects. The Islands in South East Asia being by nature linked by harbours means that the development of terminals for the exchange of goods is therefore crucial. The potential application of the FIDIC Red, Yellow and Gold Books for container terminals will also be discussed.

n Special Risk in harbour projects? n Which contract form for which type of harbour projects suits best? n What are the major advantages of the Blue Book? n What makes the Rainbow Edition a suitable basis? n Pitfalls in harbour projects

Karsten Gallip, International Consultant Engineer, INROS LACKNER Sebastian Hök, Adjudicator, FIDIC PRESIDENT’S LIST

14:35 DAAB’s Role Under FIDIC Conditions - Current Practices and The New Rules Disputes have always featured in construction projects, but today’s cost-sensitive environment

demands that the parties focus on project success and effectively avoid disputes and resolve unavoidable disputes efficiently. The FIDIC 2017 updates focus on dispute avoidance and reflect current best practice for Dispute Boards. The main changes and improvements introduced in the 2017 edition will be explained and discussed during this session. Included in the discussion will be an overview of the reformulation of the current 20 clauses of the FIDIC contracts, with a new Clause 21 dedicated to dispute avoidance and resolution and the tools and techniques offered in the New Dispute Avoidance/Adjudication Board (“DAAB”) Procedural Rules.

Nicholas Brown, Partner, PINSENT MASONS Sarwono Hardjomuljadi, FIDIC Contract Specialist, PT MOTT MACDONALD

Moderator: Siobhan Fahey, Member, FIDIC CONTRACTS COMMITTEE

15:25 Afternoon Refreshments

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

“A great mix of shared experiences from the viewpoint of employers, contractors, and lawyers”

R. Nasir, GE GRID SOLUTIONSFIDIC Asia Pacific Contract Users’ Conference

Yisheng Yang

Dick Kell

David McElvenye

Song Dongsheng*

*Subject to final confirmation

Sebastian Hök

Karsten Gallip

Nicholas Brown

Sarwono Hardjomuljadi

Siobhan Fahey

WORKSHOP A: Introduction to the 2017 FIDIC Suite of ContractsMonday, 24 June 2019, 09:00 - 18:30

PRE-CONFERENCE WORKSHOPS - Monday, 24 June 2019

12:30 Lunch

Ideal as a refresher course for experienced FIDIC users or as an introductory session for those just getting acquainted with the potential of the suite. Attend this workshop to acquire essential knowledge of the main forms of contract comprised in the “rainbow” suite of FIDIC contracts.

Morning Overview:

Although FIDIC was established in 1913, the Red Book was first published in August 1957. It proved to be very successful and remarkably remained largely unchanged throughout its second edition in 1967 and third edition in 1977. In its fourth edition of 1987, extensive changes were made and in particular to the role of the Engineer and dispute resolution. Further wide-ranging and elaborate changes were then made in the 1999 Suite of Contracts. In order to fully understand the issues involved and the interpretation of the various provisions of the FIDIC Forms, it is important to know the evolution of the essential concepts of this successful form of contract. This Workshop will take you through the development of some of the essential features of the Forms from 1957 to today, with a particular focus on the following four particular areas:

n Increase in the use of definitions

n The role of the Engineer

n Risk allocation and administration

n Dispute Management

Afternoon Overview:

The afternoon workshop will more of the noteworthy changes incorporated into the FIDIC Red, Yellow and Silver Books, 2017. Many of the main conference sessions, will already have covered a lot of the improvements to the 1999 FIDIC contracts that appear in the 2017 FIDIC contract updates. This workshop will round off your knowledge of the improvements by identifying the changes, and giving some of the background as to why changes were made, in relation to the following:

n Notices

n Employer’s Requirements and design review

n Employer’s financial arrangements

n Subcontractors and Nominated Subcontractors

n Defects

n Contractor’s programme and extension of time

n Completion and taking-over

n Suspension and termination

Patrick McPherson

Siobhan Fahey

Aisha Nadar

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

Main Conference Days: 25 - 26 June 2019Workshops: 24 & 27 June 2019

Venue: Novotel Century Hong Kong

FIDIC Asia Pacific Contract Users’ Conference

15:45 Arbitration & Alternative Dispute Resolution This session considers the phenomenon of construction disputes; what they are, how they occur

and crucially, how they can be minimized and resolved with the greatest efficiency. Specifically, attention is focused on the FIDIC contractual provisions and their optimum operation. The aim is to equip there presentatives and advisors of the Parties and the Engineer to make good choices in moving towards swift, cost effective resolution. Panellists will examine:

n What constitutes a ‘dispute’? n How do construction disputes occur? n The FIDIC Amicable Settlement provisions n Alternative Dispute Resolution techniques n International Arbitration under FIDIC - looking forward

Patrick McPherson, Partner, Infrastructure, Construction and Energy Disputes Group, CMS Scott Ramsden, Senior Director, FTI CONSULTING

16:45 Working Groups Session – Identifying & Addressing FIDIC Challenges in Asia Led by our expert panel of facilitators, this session allows delegates to come together in

a relaxed roundtable environment to identify and discuss region-specific challenges with reference to the application of particular FIDIC principles and Clauses. This entirely interactive session will allow you to deliberate with your peers on some of the key challenges facing the construction & engineering industry in the Asia-Pacific region and then make recommendations to FIDIC Contracts Committee on potential solutions to overcome those challenges. Some of the topics under discussion will include: DAABs, Time Bars, Issues for Contractors, and much more besides

17:45 Close of Main Conference

Scott Ramsden

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

Main Conference Days: 25 - 26 June 2019Workshops: 24 & 27 June 2019

Venue: Novotel Century Hong Kong

FIDIC Asia Pacific Contract Users’ Conference

This workshop is an opportunity for discussion and involves working through a “mock dispute” that progresses through FIDIC’s dispute escalation provisions. Workshop leaders will guide you through tools for avoiding and resolving disputes. By attending this workshop, you will gain a comprehensive understanding of:

n Practical issues, options and solutions in avoiding and resolving disputes: when negotiating contracts and during projects

n The pros and cons of each stage of FIDIC’s dispute escalation processes

n Approval / disapproval of claims and determinations

n Dispute Adjudication Boards

n Amicable settlement discussions

n Arbitration, including enforcement of awards

n Calls on on-demand bonds and the constraints in FIDIC’s Conditions of Contract

FIDIC contracts require the parties to add important details, such as the amount of delay damages, but also permit them to agree project-specific changes to the general conditions. This workshop will be an opportunity to consider some of the key issues arising when negotiating and agreeing such matters in the light of the new FIDIC Golden Principles directives, identifying problem areas and pitfalls to look out for. The session will be interactive with practical examples used to facilitate discussion and exchange of experiences. Topics covered will include:

n FIDIC’s new guidelines on modifying conditions of contract

n How do you modify a FIDIC contract? Dos and don’ts

n Does the project location require a modification?

n Choosing the governing law and other key terms

n Dealing with changes to risk allocation and the dispute resolution clauses

n Overview

One of the main challenges for international contractors operating in today’s complex contractual environment is the increasingly prescriptive nature of conditions of contract that Contractors, Sub-Contractors and on-site teams need to observe. The introduction of the FIDIC 2017 Suite renders this even more obvious, with Contractors required to be a lot more ‘Contract-savvy’ than in the context of the FIDIC 1999 Suite. Strict compliance with the terms and conditions of the Contract and related processes and procedures are required in order to avoid the loss of entitlements, to ensure contractual opportunities are secured and that claims are submitted in a timely manner. How will the requirements and obligations of the FIDIC 2017 Suite play out in the real world for Contractors and their teams? This session has been specifically conceptualised for Contractors looking to gain a much-needed edge and in-depth practical knowledge of efficient strategies for on-site contract and team management, as well as what may be useful to take into consideration when operating in an international environment. Guided by a team of experienced international contract managers and FIDIC experts with hands-on practical experience in contract management, Contractors will be given an insight into key areas of effective on-Site contract and claim management.

Morning Coverage Includes:

n Part I – Understanding the Changing Role of the Contractor

n Part II – What does an Effective On-Site Contract Management Strategy Looks like

Afternoon Coverage Includes:

n Part III – Regional Pitfalls to Look-Out for and How to Overcome Common Challenges

n Part IV – Achievables

WORKSHOP C: Advanced Dispute Resolution TechniquesThursday, 27 June 2019, 08:30 - 12:30

WORKSHOP D: Safely Modifying FIDIC Conditions of ContractThursday, 27 June 2019, 13:30 -17:30

WORKSHOP B: Contractors’ Workshop - Strategies for Efficient and Successful On-site Contract Management Under FIDIC

Monday, 24 June 2019, 09:00 - 18:30

POST-CONFERENCE WORKSHOPS - Thursday, 27 June 2019

Nicholas Turner, Partner, PINSENT MASONS

Dr. Donald Charrett, FIDIC President’s List of Adjudicators and Principal Drafter, FIDIC TASK GROUP 15

Husni Madi

Sebastian Hök

Karah Howard, Senior Associate, PINSENT MASONS

David Brown, Partner, CLYDE & CO

Yvonne Foo, Legal Director, CLYDE & CO

Yiwen Sun, In-house Legal Counsel, CHINA RAILWAY CONSTRUCTION COMPANY

Tel: +44 (0)20 3377 3279 • Email: [email protected] • Web: law.knect365.com/fidic-asia-pacific-contracts

$300 discount for 3rd and subsequent delegates from your group. The VAT rate is subject to change and may differ from the advertised rate. The amount you are charged will be determined when your invoice is raised. Please note the conference fee does not include accommodation or travel costs. All discounts can only be claimed at the time of registration and multi-booking discounts cannot be combined with other discounts that may be available (apart from early booking discounts which are available to everyone). The $300 saving for 3rd delegates is not available for people only attending the workshops. All discounts are subject to approval.

If you are based in a country other than the conference location then you may be able to claim back the VAT amount. Further information can be found at www.informa.taxbackinternational.com.

We are happy to accept a replacement delegate for the whole event; however delegate passes cannot be split or shared between delegates under any circumstances.

Full terms & conditions, including cancellation terms, can be found at: https://law.knect365.com/fidic-asia-pacific-contracts/terms-and-conditions

FIDIC Asia Pacific Contract Users’ ConferenceMain Conference Days: 25 - 26 June 2019Workshops: 24 & 27 June 2019Venue: Novotel Century Hong Kong

BOOK EARLY TO SAVE!Plus, a $300 discount applies for 3rd and subsequent delegates from your group

REGISTERONLINE: law.knect365.com/fidic-asia-pacific-contractsBY EMAIL: [email protected] (mention event code FKW82922)

BY PHONE: +44 (0) 20 3377 3279 (mention event code FKW82922)

PRICINGFull Event: 2-day main conference + 1 full-day workshop + both half-day workshops

3.5-day Package: 2-day main conference + 1 full-day workshop + 1 half-day workshop

3-day Package 1: 2-day main conference + both half-dayworkshops

3-day Package 2: 2-day main conference + 1 full-dayworkshop

2.5-day Package: 2-day main conference + 1 half-day workshop

2-day Main Conference

Full-day Introduction to the 2017 FIDIC Suite of Contracts Workshop

Full-day Contractors’ Workshop

Half-day Dispute Resolution Workshop

Half-day Modifying FIDIC Contracts Workshops

USD 4196

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USD 2498

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By 10th May

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USD 699

USD 699

By 31st May

USD 4596

USD 3997

USD 3497

USD 3398

USD 2898

USD 2299

USD 1199

USD 1199

USD 699

USD 699

Standard Price