Thursday, 02 April 2020, 9 Avenue Hoche, 75008 Paris, France

E-mail Tel: +44 203 780 4157

Chairs

Jane Davies Evans

3 Verulam Buildings

A barrister at 3 Verulam Buildings, Jane has been described as ‘The most competent construction advocate’ who is ‘Devastatingly good for complex cases’, ‘Absolutely first rate’ and ‘A superb lawyer’ (Legal 500).  Jane is also recognised by Chambers & Partners (‘A sophisticated advocate’ whose ‘eloquence and grasp of the technical and financial elements of complex cases is remarkable’), by Who’s Who Legal: Arbitration and as a Thought Leader in Who’s Who Legal: Construction.  Jane has substantial experience as counsel in international arbitrations involving major energy and infrastructure projects in Europe, Africa, Latin America, the Middle East and Asia.  A dual-qualified lawyer and accountant, Jane is often appointed a counsel or arbitrator on disputes involving complex delay/disruption and quantum.

Peter Rosher

Reed Smith

Peter Rosher is a dual qualified (English solicitor/French avocat) lawyer with over 23 years’ of experience in advising clients on contentious issues as well as providing extensive advisory services in relation to ‘live’ major projects. He has particular experience in international commercial and investment arbitration and dispute resolution, with specific knowledge in international engineering, construction, energy and infrastructure as well as and general commercial disputes. Peter is on the board of the French Contract Managers Association and has recently been appointed to the board of directors of the French Arbitration Association. Peter regularly sits as an arbitrator and dispute board adjudicator. He lectures on dispute resolution at the Université de Versailles, Université Paris 2 Panthéon-Assas and Sciences Po and regularly publishes and speaks at arbitration and construction conferences.

Keynote Speaker

Professor Doug Jones AO

Atkin Chambers

Doug Jones AO is a leading independent international commercial and investor / state arbitrator with over 40 years’ experience as an international and disputes projects lawyer. He is also a member arbitrator at Arbitration Place in Toronto and has an office in Sydney, Australia.

He has been involved in over 100 arbitrations which include construction, infrastructure, energy, commodities, intellectual property, commercial and joint venture, and investor-state disputes spanning over 30 jurisdictions around the world.

Speakers

Simon Braithwaite

BDO

Nadia Darwazeh

Clyde & Co

Tony Dymond

Debevoise & Plimpton

Nicholas Gould

Fenwick Elliott

Shourav Lahiri

Reed Smith

Chau Ee Lee

Addleshaw Goddard

Gregory Leveau

e²cm

Evans Monari

Bowmans

David Nitek

Herbert Smith Freehills

Anamaria Popescu

Berkeley Research Group

Erin Miller Rankin

Freshfields Bruckhaus Deringer

Mark Wheeler

Driver Group

Programme

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?

Moderators:
Jane Davies Evans, 3 Verulam Buildings 
Peter Rosher, Reed Smith

Panel:
Nicholas Gould, Fenwick Elliot
Gregory Leveau, E2CM

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?

Moderators:
Jane Davies Evans, 3 Verulam Buildings 
Peter Rosher, Reed Smith

Panel:
Shourav Lahiri, Reed Smith
Chau Ee Lee, Addleshaw Goddard
Erin Miller Rankin, Freshfields Bruckhaus Deringer
Evans Monari, Bowmans
David Nitek, Herbert Smith Freehills

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. 

Moderators:
Jane Davies Evans, 3 Verulam Buildings 
Peter Rosher, Reed Smith

Panel:
Anamaria Popescu, Berkeley Research Group
Mark Wheeler, Driver Group
Simon Braithwaite, BDO

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. 

Moderators:
Jane Davies Evans, 3 Verulam Buildings 
Peter Rosher, Reed Smith

Panel:
Tony Dymond, Debevoise & Plimpton
Nadia Darwazeh, Clyde & Co

16:00: Chairs’ closing remarks

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

16.05: Close of conference

Venue

9 Avenue Hoche, 75008 Paris, France

Private Practitioner
Type Price Expires
Super Early €350  21 Feb 2020
Early €450  20 Mar 2020
Standard €550 02 Apr 2020

 

In-house/government rate
Type Price
Standard €0