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09:00 - 12:30 210 mins
Advanced Dispute Resolution Techniques
  • Coenraad Snyman - Principal, COEN SNYMAN INTERNATIONAL

(08:30 Registration, 09:00 - 12:30 Workshop)

This interactive workshop is designed to focus on the key issues commonly faced by owners and contractors who are involved in major development, infrastructure and other projects in Africa and who wish to employ sound strategies for avoiding, managing and resolving disputes in an effective manner. Particular areas of focus include the commercial setting for development, claims strategy and DAAB and ADR options, arbitration and investment treaty protection for major projects.

  • The pros and cons of each stage of FIDIC’s dispute escalation processes
  • Whether Dispute Adjudication Boards are appropriate for all contracts?
  • Amicable settlement discussions – the benefit of mediation?
  • Arbitration under the ICC Rules
  • Choice of law – the practical effect of different law for the Contract and Seat of Arbitration
  • Enforcement of awards – assistance and interference by courts
  • Calls on On Demand Bonds and Parent Company Guarantees – legitimate and illegitimate calls

12:30 - 13:30 60 mins
13:30 - 17:30 240 mins
Construction Claims & Defence
  • Kim Rosenberg - Counsel, Africa Specialist, FRESHFIELDS BRUCKHAUS DERINGER
  • Bryan Dayton - Senior Associate, FRESHFIELDS BRUCKHAUS DERINGER

(13:00 Registration, 13:30 - 17:30 Workshop) 

According to a South African proverb, “when two elephants meet on a narrow bridge, they get nowhere until one of them backs down or lies down”. Like elephants on a narrow bridge, when making or defending construction claims, parties to a construction contract will likely not back down or lie down and agree to resolution until claims and defences are properly made and considered. Based on case studies and real world examples, this workshop will help participants avoid such impasses by explaining how to:

  • Properly prepare variation, defect, delay, acceleration and disruption claims
  • Appropriately defend against such claims raised by the other party
  • Successfully pursue claims before engineers, dispute boards and arbitral tribunals