DAY 1 (DECEMBER 10, 2021)

CHIEF GUEST

Hon’ble Minister of Road Transport & Highways

GUESTS OF HONOR

Justice of the Supreme Court

SPECIAL ADDRESS

KEYNOTE ADDRESS

Managing Partner, Bhasin & Co.; Director, CIArb India

New Delhi, India

Arbitrator, Keating Chambers

London, UK

WELCOME ADDRESS

VOTE OF THANKS

Senior Advocate & Arbitrator

New Delhi, India

Partner, Head-Arbitration, Shardul Amarchand Mangaldas

New Delhi, India

OPENING NIGHT SESSION

Construction Arbitration: Diverse Perspective, Unified Goal

Panelists bring together individual perspectives from their respective backgrounds as a counsel, an arbitrator, a judge, and as a contractor/ employer representative. This forms the 360-degree core understanding of construction dispute resolution – expectation v/s reality, challenges and fears, and potential way forward.

Retired Justice of the Supreme Court of India

New Delhi, India

Senior Advocate & Arbitrator

New Delhi, India

Partner, White & Case

London, UK

International arbitration barrister/arbitrator, 3 Verulam Buildings

London, UK

President Group Legal – J.K. Organisation

New Delhi, India

DAY 2 (DECEMBER 11, 2021)

SESSION 1A

Claims for Extension of Time: When and How

Concept and underlying theory of an EOT – Indian practice among parties in claiming and determining EOTs – Indian position of law on EOTs, juxtaposed with other jurisdictions – International best practice for claiming and determining EOTs (SCL Protocol) – Delay analysis necessary in determining EOTs (during or after the project)

Justice of Delhi High Court

New Delhi, India

Queen’s Counsel, 39 Essex Chambers

London, UK

Partner, Deloitte Touche Tohmatsu India LLP

Mumbai, India

Senior Advocate, Supreme Court of India

New Delhi, India

Partner, Head-Arbitration, Shardul Amarchand Mangaldas

New Delhi, India

Member, FIDIC Contracts Committee

Bulgaria

SESSION 1B

Learning from COVID-19’s Impact on Construction Contracts & Disputes

Construction industry coping with Covid-19 – Government measures, including judicial/ executive acts relevant to construction industry – Creative contractual measures and solutions to mitigate the effects of Covid-19 on on-going projects – Legal or other lacunae impacting construction contract & disputes – Potential changes in Standard Forms, its need, and way forward

Partner, Nishith Desai Associates

Mumbai, India

Director Contracts, AECOM India Pvt Ltd

Panjim, India

Founder & Managing Partner, Hammurabi & Solomon Partners

New Delhi, India

Managing Partner, Link Legal Advocates

New Delhi, India

Head of Practice, Juddoo Arbitration Chambers

Mauritius

Director and Head of India Practice, Secretariat

Mumbai, India

WORKSHOP – An Exclusive by Secretariat

The Inevitable Issues of Time, Cost, and Damages in Infrastructure & Construction Disputes

Delay Analysis by Amit Garg - Introducing various ways of analyzing and proving delays. - Explaining the advantages and disadvantages of these various methods of delay analysis. - Identifying what is considered acceptable in international arbitrations. Cost & Quantity Claims by Mike Allen - Common monetary claims faced by employers and/or contractors. - Various methods of assessing monetary claims that are commonly accepted in international arbitrations. - The pros and cons of these methods and the international best practices. Economic & Financial Damages & Valuation by Mrinal Jain - Calculating reliance v/s expectation (loss of profit) damages. - Principle of full reparation v/s fair market value standard in calculating compensation in investment treaty arbitration. - Date of assessment & hindsight issues. - Creating a robust & credible but for scenario and the use of DCF method in calculating compensation.

Managing Director, Secretariat

Singapore

Managing Director, Secretariat

Hong Kong

Director and Head of India Practice, Secretariat

Mumbai, India

SESSION 2

Allocation of Risks in Construction Contracts: The Balancing Act

Reasons for ensuring a balanced risk allocation: Why is it so necessary – Indian practice & experience of risk allocation in construction contracts (absolute exclusion clauses, site conditions responsibilities, etc.) – Disadvantages of improper risk allocation and effects in employer/ contractor performance – FIDIC forms, e.g., and salient features of a balanced approach

Barrister, Atkin Chambers

London, UK

Legal, EPC Division, Shapoorji Pallonji Group

Mumbai, India

Sundra Rajoo Arbitration Chambers

Kuala Lumpur, Malaysia

Former Board Member, FIDIC

Sweden

FIDIC Certified Adjudicator, Dispute Avoidance Practitioner; Contracts/Claims Advisor

Bangkok, Thailand

Advocate, Independent Law Practice | Member, Maadhyam

New Delhi, India

SESSION 3

Cross-Examination in Construction Arbitration: When Necessary and Its Scope

Purpose of cross-examining witnesses in arbitration (Indian/ foreign perspectives) – When is there a need for cross-examination in construction arbitrations – Is there is a cost-benefit analyses in decide to cross-examine – Role of the tribunal: What should be the boundaries if their interference – International best practices – How to a cross-examine fact and expert witnesses (prep tips)

Delhi High Court

Arbitrator & Mediator

Melbourne, Australia

Partner & Chair of the India Group, Howard Kennedy LLP

London, UK

Independent International Arbitrator

Sydney, Australia

Managing Partner, A. K. Law Chambers

Chennai, India

Partner, MRP Advisory

Dubai, UAE

OXFORD-STYLE DEBATE – An Exclusive by Three Crowns

This house believes that specialized construction courts are better suited for resolving construction disputes as compared to arbitration.

Moderator

Panel Members

Counsel, Three Crowns LLP

London, UK

Partner, Three Crowns LLP

Bahrain

Partner, Cyril Amarchand Mangaldas

Mumbai, India

Partner, Three Crowns LLP

Paris, France

Senior Advocate & Barrister, 20 Essex Street

New Delhi, India

Anneliese Day QC

Counsel & Arbitrator, Fountain Court Chambers

London, UK

DAY 3 (DECEMBER 12, 2021)

SESSION 4 - An Exclusive by Masin

Liquidated Damages: An Enigma

Purpose of LD – Evolution of Indian position on LD – Difference in the Indian position of LD as compared to other common law jurisdictions – Essence and issues surrounding LD clauses (comparison with price adjustment clauses, penal nature of the LD clause) – Need to relook at the Indian position on LD vis-à-vis Section 74 of the Indian Contract Act

CEO, Masin Projects

Delhi, India

Independent Arbitrator, Mediator and Adjudicator

Abu Dhabi, UAE

Partner, Charles Russell Speechlys LLP

London, UK

Senior Advocate (Supreme Court of India)

New Delhi, India

Senior Associate, Clifford Chance

Dubai, UAE

SESSION 4B

The Use of Mediation for Resolving Construction Disputes – An Exclusive by Maadhyam International Council for Conflict Resolution

Can construction disputes be mediated successfully – International experience in mediating construction disputes – What convinces contractors and/ or employers to mediate for resolution (instead of arbitrating matters) – Reasons for the lack such practice in India’s construction industry – Will the enactment of the Mediation Bill change the landscape of construction dispute resolution – Applied tools and techniques in construction mediations – Role of the mediator: evaluative v/s facilitative

Mediator & Conciliator, Keating Chambers

London, UK

Arbitrator, Mediator, Neutral Resolver, and Dispute Board Member

Minneapolis, USA

MD, ChangAroth Chambers LLC & ChangAroth InterNational Consultancy

Singapore

Senior Advocate | President, Maadhyam International Council for Conflict Resolution

New Delhi, India

Director, Quantum Expert, HKA

London, UK

WORKSHOP – An Exclusive by Driver Trett (Construction Consultancy) & Diales (Expert Witness Services)

The Alternative FIDIC Workshop: Discussing the Amended Clauses Faced in Everyday Working Life

Regional Director & UAE Country Manager, Driver Trett

Abu Dhabi, UAE

Counsel, Shearman & Sterling

Abu Dhabi, UAE

Managing Director, Driver Trett

Singapore

Partner, Clyde & Co.

Singapore

Managing Director International, Driver Group

London, UK

Partner, CMS

London, UK

SESSION 5 - An Exclusive by Kroll

Contractor Claims Arising out of Delay: Proof and Determination

Delay and liabilities – Overview of contractor claims arising out of delay and each sub-head – Proof and determination issues for each sub-head – Overhead claims and acceptance of formulae – Relevance of record-keeping in determining claims contemporaneously or later – Economic & financial damages & valuation – Scope for/ reasonability of assumptions in quantum analyses

39 Essex Chambers

London, UK

Partner, DSK Legal

New Delhi, India

MD, Quantum Expert, Kroll

London, UK

MD, Delay Expert, Kroll

London, UK

Senior VP, Head-Legal, Technip India

New Delhi, India

SESSION 6 - An Exclusive by FTI Consulting

The Relevance and Role of Experts in Determination of Construction Disputes

Understanding the need for experts as drivers of objectivity in determinations – Choosing an expert: Qualifications, experience, membership, etc. – Role of experts in assisting arbitral tribunal in determinations – Relationship between the expert and the lawyer – Ethical obligations of an expert – Tribunal v/s party-appointed experts – Expert reports and presentation – Judicial approach towards experts and/or expert reports

Senior Managing Director, Global Leader of Construction Solutions, FTI Consulting

Hong Kong SAR

Senior Managing Director, Head-Economic & Financial Practice in India, FTI Consulting

London, UK

Counsel, Shardul Amarchand Mangaldas

Mumbai, India

Partner, Bryan Cave Leighton Paisner LLP

Hong Kong SAR

Keating Chambers

London, UK

Partner, King & Spalding

Washington DC, USA

FIRESIDE CHAT – An Exclusive by Akin Gum Strauss Hauer & Feld

A discussion with Sir Rupert Jackson about his life, construction law, and life as an international arbitrator

Interviewee

Interviewer

Arbitrator, 4 New Square (Former Lord Justice of Appeal)

London, UK

Partner, Akin Gum Strauss Hauer & Feld LLP

London, UK

CAREERS PANEL

Charting a Path to Building a Career in and Around Construction Disputes

How to prepare yourself to become a construction arbitrator/ adjudicator, construction lawyer, or an expert – Are construction arbitrators/lawyers a different breed, separate from others arbitration practitioners/ arbitrators – Dual qualifications: Being a lawyer with engineering degree or vice-versa – Panelist personal views about opportunities in this field, including academic and professional associations

Partner & Co-Head of International Arbitration, Fox Williams

London, UK

Senior Lecturer & Co-Director, Studies for Construction Law at Melbourne Law School

Melbourne, Australia

Barrister, 39 Essex Chambers

London, UK

Senior Associate, Pinsent Masons

Singapore

Senior Associate, Ankura Consulting Group

Hong Kong SAR

Founder Partner, DRSB Law Chambers

New Delhi, India

CONSTRUCTION CASE LAW REPORTING

Co-Managing Partner, Link Legal

Mumbai, India

Counsel

Mumbai, India

Advocate, Chambers of Senior Adv. Ratan K. Singh

New Delhi, India

Partner, P&A Law Offices

Mumbai, India

Senior Associate, AK Law Chambers

Chennai, India

Partner, King Stubb & Kasiva – Advocates & Attorneys

New Delhi, India

CHIEF GUEST (Closing Ceremony)

Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP

London, UK