The forum is for adjudicators, members of the FIDIC President’s List of Adjudicators and dispute board practitioners to discuss the latest key global issues in the dispute avoidance and adjudication arena.

Co-Moderators:

• Daduna Kokhreidze, General Counsel, FIDIC 
• John Papworth, FIDIC Certified Adjudicator, International Arbitrator, Mediator and Expert 

Welcome and opening remarks:

• Dr Nelson Ogunshakin OBE, CEO, FIDIC  
• Anthony Barry, FIDIC President 

Keynote speaker: John Uff, Chartered Engineer, Barrister

Current and emerging issues in the fast-changing world of the global construction industry  

• Procurement  
• Contracting  
• Pandemics, inflation, war 
• Sustainability and the net zero agenda  
• Digital transformation  

Impacts of Covid-19, war in Ukraine, and rising inflation affecting construction projects.  

This session will look at how events that have impacted the world over the last two to three years, such as the pandemic, Ukraine war, inflation of construction costs, and economic uncertainty and rising inflation, can be handled. 

The session will examine the above experience under FIDIC Contract and will look at the contractual mechanisms (with a focus on the 1999 and 2017 Editions of the Red, Yellow, and Silver books) such as: 

• Changes in law 
• Adjustments for changes in cost 
• Exceptional events 

The session will also look at legal positions in different jurisdictions, whether civil or common law and examine the contractual and legal options that are at the disposal of the parties to a FIDIC Contract to navigate through these troubled times. 

Moderator: Vincent Leloup, Chair, FIDIC Contracts Committee 

Stakeholders’ response to Covid-19, war and rising inflation impacts on the infrastructure industry. 

This session will look at how various stakeholders have responded to the impacts of the pandemic, Ukraine war, inflation and how they navigate through economic uncertainty and rising inflation. 

The session will look at: 

• the national government response, measures and recommendations issued to address those challenges. 
• some of the funding aspects of the challenges of working post-Covid, in conflict zones and with rising inflation and how and when the banks get involved. 
• practical examples of how industry participants dealt with the issues and a legal take on the contractor’s view on these issues and challenges. 

The session will also give some practical examples of working in a conflict zone.  

Moderator: Peter Collie, Member, FIDIC Contracts Commitee 

FIDIC Suite of Contracts 2017 Reprint 2022 with amendments. 

Launch of FIDIC Contracts Guide 2022. 

This key session of the conference will see FIDIC launch the new series of reprints of its key contract documents which include amendments and improvements to ensure that these industry-leading construction contracts remain up to date and take account of latest industry developments.  

The 2022 reprints include the following contracts: 

• FIDIC Conditions of Contract for Construction (FIDIC Red Book), 2nd Edition, 2017. 
• FIDIC Conditions of Contract for Plant & Design-Build (FIDIC Yellow Book), 2nd Edition, 2017. 
• FIDIC Conditions of Contract for EPC Turnkey Projects (FIDIC Silver Book), 2nd edition 2017. 

The new Contracts Guide offers a comprehensive overview of the above contracts and for the first time outlines key guidance on the use of these industry-leading documents. 

Moderator: Vincent Leloup, Chair, FIDIC Contracts Committee 

Green Book: Industry feedback and early use of FIDIC Green Book 2021  

December 2021 saw the publication of the long-awaited update of the FIDIC Green Book (Short form of Contract). Initial market feedback has been extremely positive, and the combined simplicity, completeness and robustness of the updated Green Book, together with its many user-friendly features and innovations, have been praised by many users across the globe. Our expert speakers in this session will examine that industry feedback and review the early use of the new updated Green Book by the industry. 

Moderator: Vincent Leloup, Chair, FIDIC Contracts Committee 

Q&A session with questions from the floor - main room.

A unique opportunity for delegates to meet members of FIDIC’s influential contracts committee and its advisors and to ask questions on FIDIC contracts, their use and about the FIDIC contracts pipeline. 

Moderator: Vincent Leloup, Chair, FIDIC Contracts Committee 

This session will look at the recent case law developments, arbitration practices, and interpretation of FIDIC Forms in both arbitration and the courts, including the recent Paris Court of Appeal decision of 31 May 2022 dismissing Albania’s application to set aside an ICC award dealing with two Pink Books.  

The discussion will provide a brief overview of the existing FIDIC Contracts-related case law and arbitration practices around the world. The participants will be given an opportunity to share their experiences and engage in the discussion.   

Discussion leaders:  

• Husni Madi  
• Daduna Kokhreidze 

This discussion table will look at integrating net zero clauses and embedding sustainable performance criteria in the FIDIC rainbow contract suites for works and services and will draw from some of the deliberations at a FIDIC Contracts Committee webinar held earlier this year on “Greening FIDIC's rainbow contract suite.” 

Building on the recommendations outlined in the FIDIC Climate Change Charter, it is clear that project procurement and risk allocation in construction need revisiting to address sustainability and net zero. Innovation, carbon reduction objectives, and metrics are required at the project level and reporting on progress at the project level is intrinsic to climate-responsible engineering. There is already much in the FIDIC contracts suite that can be used to ensure a more sustainable and net zero-compliant approach to contracts and this session will discuss this and other initiatives that can be applied around net zero and sustainability. 

The session will also focus on procurement and risk allocation across all contracts in the framework of net zero and sustainability and also measuring and reporting against the contract requirements for carbon reduction. 

The participants will be given an opportunity to share their views and engage in the discussion.

Discussion leaders:  

• Adriana Spassova, Vice Chair, CC 
• Jeremy Glover, Fenwick Elliott 
• Emma Schaafsma, Partner. CMS 

The FIDIC Gala Dinner and Contract Users’ Awards recognise excellence in the use of FIDIC contract forms for project delivery and to showcase examples of good practice through collaboration from across the world.

Winners to be announced during the Gala Dinner and Contract Users' Awards Ceremony which takes place in London as an in-person event on Tuesday 29 November 2022.

Further information on the awards and gala dinner.

Dress code: Lounge suit

• Catherine Karakatsanis, FIDIC Vice President and liaison to FIDIC Contracts Committee 

Karoly Tamas Olajos,  Fusion for Energy

• An overview of the ITER project – what was planned and what happened in reality. 
• Use of FIDIC contracts and how they can be used to aid collaboration. 
• Experience with various FIDIC contracts on the ITER project. 
• Benefits of using FIDIC to involve international players. 
• What was learned from using FIDIC contracts.

This session of the conference will take a deep dive into some of the key issues to consider when looking to deliver global megaprojects.  

Our expert speakers will look at a range of issues including procurement, contracting, cost overrun and time management, change management, benefits of early contractor involvement, digital developments, sustainability and the net zero agenda, equator principles and social and environmental aspects and the role of dispute avoidance. 

Megaprojects looked at: 

• ITER – An international project for the construction of a first-of-a-kind fusion nuclear installation licensed in France. 
• Rail Baltica - a greenfield rail transport infrastructure project with a goal to integrate the Baltic States in the European rail network, involving five European Union countries. 

Moderator: Julio Bueno, Pinheiro Neto Advogados 

This session will look at some of the key lessons learned in delivering megaprojects. Expert legal and practitioner panellists will talk about leading mega projects highlighting critical success factors and the benefits of an end-to-end approach where best practice starts at the inception of the project. 

Speakers will examine working at a project and contract level, with particular emphasis on the use of dispute boards and DAABs.  

Projects looked at: 

• CERN – project in Switzerland.   
• Hinckley Point C – nuclear power station project in the UK. 

Moderator: Dr Nelson Ogunshakin OBE FREng - CEO, FIDIC

This key session will look at the use of FIDIC Contracts on bank-financed projects, how the funding banks’ conditions of particular application (COPAs) amend or supplement FIDIC Conditions of Contracts, and the issues that arise from this. The session will also include an overview and discussion on the use of DAABs on bank-financed projects.  

Moderator: Vincent Leloup, Chairman, FIDIC Contracts Committee

This session will look at the FIDIC DAAB rules, their use on construction projects and also the use of mediation and other ADR technics. There will be a particular focus on the FIDIC DAAB rules and their practical application. 

Moderator: Adriana Spassova, Member, FIDIC Contracts Committee

Dispute Resolution in Arbitration. Interpretation of FIDIC conditions in arbitration.   

This session will look at: 

• the arbitration agreement and its evolution through the various Editions of FIDIC forms and will provide a general overview of ADR under FIDIC Conditions of Contract 
• pre-conditions to arbitration, consequences of noncompliance with these pre-conditions, admissibility and the law governing the arbitration clause  
• emergency arbitration and FIDIC Conditions of Contract. 

Moderator: Husni Madi, Member, FIDIC Contracts Committee

• Catherine Karakatsanis, FIDIC Vice President and liaison to FIDIC Contracts Committee 
• Dr Nelson Ogunshakin OBE, CEO FIDIC