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C5’s Forum on

Major Projects & Infrastructure Qatar Contract Management & Dispute Resolution Essential Tactics and Strategies for Success in Qatar 27–28 January 2014 • The St. Regis Doha Hotel, Qatar Unparalleled Learning and Networking Opportunities with In-House Counsel from Major Projects & Contractors, including:

Martin Albert, Head of Legal, Hochtief Solutions Middle East

Attend this Unrivalled Event to:

CPD

 Master the nuances of doing business in Qatar, hear from experienced local and international developers  Enhance your understanding of the dispute resolution landscape in Qatar, insights from leading Arbitrators

James Anderson, Director of Contracts, Qatar Rail

 Network with the region’s leading players and benchmark your contract management and dispute resolution practices

Argyris Hadjimiltis, Head of Contract Law Department, J&P (O) Ltd Stephen Hibbert, Head of Legal, Qatar Rail Igor Corelj, Head of Contracts and Engineering, Al Jaber & Makhlouf W.L.L.

Leading Experts Share Their Insights and Experience on the Biggest Qatar Issues in Contract Management and Dispute Resolution:  Lessons learnt from several of the biggest current Infrastructure projects in Qatar

Sadique Mohd, General Counsel, China State Construction

 How to apply the optimal selection criteria for Construction Contracts

Exclusive Opportunity to Get Unrivalled Insights from Leading Judges & Dispute Resolution Centres, including:

 Devising a successful Risk Allocation and Procurement strategy  Achieving significant savings through better management of Delay and Quantum Claims

Judge Dr. Ehab Elsonbaty, Legal Advisor, Amiri Diwan

 Settling disputes during contracts via ADR methods to deliver project success

Bob Musgrove, Chief Executive Officer, Qatar International Court and Dispute Resolution Centre (QICDRC)

 How to successfully protect against arbitrary performance bond calls

Dr. Minas Khatchadourian*, CEO & Secretary General, Qatar International Center for Conciliation and Arbitration (QICCA) Dr John Fletcher, Product Groups Director of Alternative Dispute Resolution, RICS

Associate Sponsor:

Up to 16.0

 Ensuring enforcement of your International Arbitration Awards Enhance your experience by taking part in our highly interactive and in-depth Master Class: Advanced Best Practices for Risk Allocation in Construction Contracts

Executive Sponsor:

Media Partners: CMGuide.org

Construction Management Guide

To register call +44 (0) 20 7878 6888 or register online at www.C5-Online.com/ConstructionQatar

Qatar is investing over USD200 Billion in Construction Projects during the Next 10 Years Ensure Your Contract Management and Dispute Resolution Strategy Is Customised for Success in Qatar Qatar National Vision 2030 and the 2022 FIFA World Cup present huge opportunities in the construction sector in Qatar. An estimated USD$200 billion will be invested in projects, with approximately 90% of these contracts to be awarded over the next few years. However without the proper knowledge of how to do business in Qatar when managing contracts and resolving disputes, companies could jeopardise millions of dollars’ worth of profit.

Attending this essential Event will equip your company with the practical tools to Form Robust Contracts, Allocate Risk Effectively and Successfully Resolve Disputes Whether you are an established company in the region, or are looking to break into this exciting market for the first time, it is essential you understand the nuances of doing business in Qatar. C5’s exclusive Forum will bring together an expert speaker faculty composed of experienced International and local in-house counsel, private practice lawyers, and construction consultants to guide you through the fundamental challenges of operating in Qatar, including; • Creating and negotiating robust contracts under Qatari law • Allocating risk and developing the best procurement strategy on major infrastructure projects • Managing construction delay and quantum claims • Settling disputes during contracts via Alternative Dispute Resolution Methods • Defending against arbitrary performance bond calls • The selection criteria you should use to choose outside counsel • Understanding the best litigation practices in Local and International courts • The future of dispute resolution and enforcement throughout the region Customise and enrich your conference experience by engaging in our practical Master Class:

Advanced Best Practices for Risk Allocation in Construction Contracts Designed to address your organisation’s Qatar specific needs and featuring a world class faculty, this is the most comprehensive event of its kind on the market. Guarantee your seat today by calling: +44 (0) 20 7878 6888, faxing your registration form to +44 (0) 20 7878 6887 or registering at www.C5-Online.com/ConstructionQatar.

A Must-Attend Event For • In-House Contractors / Developers - General Counsel - Head of Contracts - Contracts Specialists - Project Managers - Commercial Consultants - Engineers

• Construction / Claims Consultants: • Private practice - Contracts Specialists - Construction and Projects Lawyers - Planning and Contracts Managers - Dispute Resolution Lawyers - Cost Engineers - Project Directors - Risk and Claims Consultants

Global Sponsorship Opportunities C5 works closely with sponsors to create the perfect business development solution catered exclusively to the needs of any practice group, business line or corporation. With over 500 conferences held in Europe, Russia and the CIS, China, India, the US and Canada, C5, ACI and CI provide a diverse portfolio of first-class events tailored to the senior level executive. For more information about this program or our global portfolio, please contact: Daniel Capel on +44 (0)20 7878 6870 or email [email protected]

To register call +44 (0) 20 7878 6888 or visit www.C5-Online.com/ConstructionQatar

@C5Live #C5Construction

Day One: Monday, 27th January 2014 8:00

Registration and Coffee

8:45

Opening Remarks from the Chairperson

• Understanding the reasons for adjustments • Local implications and how it affects enforceability with regards to - Execution of contracts - Termination - Liquidated Damages • Use of “back-to-back terms” and “pay-when-paid” clauses on sub-contractor contracts - How to get the best terms for your company/client - Local law implications

Stephen Hibbert, Head of Legal, Qatar Rail 9:00

Fundamentals of Doing Business in Qatar Salman Mahmood, Partner, Sultan Al-Abdulla & Partners • Understanding the Qatari Civil Code and the intersection with Sharia law • Factoring local cultural business norms in to your operational and commercial strategy • Ensuring compliance with Law No (13) of 2000 for the Regulation of Foreign Capital Investment in Economic Activity - Implications for liability based on your partnership structure • Issues of regulation in construction • Major differences from other Gulf Law States • Understanding and expanding the common areas of dispute • Introduction to forum choices for resolving disputes

10:00

12:30

Networking Lunch

13:45

Negotiating Robust Contracts under Qatari Law Dr. Kamal Adnan Malas – International Arbitrator • Adapting standard contracts - Removing specification ambiguities in contract provisions - Key clauses – design and performance, indemnities, limitations of liability, delays and extensions of time - International procurement contracts – what provisions will be enforceable • Negotiating payment terms - Milestone Payments - Ministry of Economy and Finance (MoEF) dependent terms • Exceptions to the Freedom of Contract - Decennial Liability - Article (171)(2) Civil Law Exception – (How contractual obligations may be ‘reduced’ to reasonable terms by court/arbitration if in public interest) - Article 266 exclusions º Different application of Article 267 • The use of Collateral Warranties - Use in Public works projects (e.g. Qatar Rail and PWA) • Selecting the most appropriate choice of law and jurisdiction clauses

Insights into Major Infrastructure Projects: Critical Considerations from In-house Counsel Moderator: Hamish Lal, Partner, Jones Day Stephen Hibbert, Head of Legal, Qatar Rail Sadique Mohd, General Counsel, China State Construction Additional speaker to be announced Major infrastructure projects are complex ventures posing a variety of difficult challenges for in-house counsel and contract managers. Utilising a range of perspectives from key figures involved in Qatari and International projects, this session examines lessons learned and critical considerations when contracting, including: • Common areas of dispute • When to involve external counsel and factors used in the selection process • Insights into how disputes have/are being resolved in the region

11:15

Morning Refreshments

11:35

Applying Optimal Selection Criteria for Qatar Construction Contracts Martin Albert, Head of Legal, Hochtief Solutions Middle East • Review of the common contract types used on Qatar projects - FIDIC (Red book, Orange book, Yellow book, Silver book, Turnkey) - How to select the appropriate FIDIC contract - Common adjustments in Qatar in respect of FIDIC based contracts

14:45

Client Approach to Risk Allocation on Major Design and Build Projects under FIDIC James Anderson, Director of Contracts, Qatar Rail • Contract Documentation • Employer’s Obligations • Role of the Engineer • Subcontracting • Ground Conditions • Design of the Works • Variations • Termination and Suspension • Limitation of Liability and Insurance • Claims, Disputes and Arbitration

15:40

Afternoon Refreshments

To register call +44 (0) 20 7878 6888 or visit www.C5-Online.com/ConstructionQatar

@C5Live #C5Construction

16:00

Managing Construction Delay and Quantum Claims Steven Beaumont, Executive Director, Quantum International Terry Dawson, Executive Director, Quantum International • Classification of claims • How to proceed in the event of a claim • Selecting the right delay analysis methodology • How to apply specific measures to levels of disruption • Identifying the differences between common law and civil code delay and quantum-based claim quantification • Overcoming the common misconceptions of FIDIC clauses • Unravelling the confusion around ‘Window analysis’ • Identifying and eradicating common mistakes and gaps in analysis • Limiting legal costs by presenting all inclusive quantum claims • Ensuring information systems are well designed to support claims • The differences between Arbitration and litigation when preparing and managing claims

17:00

10:15

Matthew Walker, Partner, K&L Gates (Qatar) • Document management strategies during a project before you get to a dispute • Evidence – keeping the right sort of records • Ensuring transparency and open channels of communication throughout the project lifecycle • Understanding Payment Triggers • Recognising the role of the ‘Impartial’ Engineer • Handling a “Notice of Dissatisfaction” • Understanding the Payment Certification Procedure • Dispute avoidance strategies – using partnering and early contractor involvement to avoid disputes • The role of Dispute Adjudication Boards: how to recognise and rectify potential issues before they become disputes 11:00

Morning Refreshments

11:20

Settling Disputes During Contracts – Using Mediation and ADR Methods to Deliver Project Success Wayne Clark, Director – Dispute Management, Hill International (Middle East) Limited (Qatar) Igor Corelj, Head of Contracts & Engineering, Al Jaber & Makhlouf WLL Dr John Fletcher, Product Groups Director of Alternative Dispute Resolution, RICS • Amicable settlements - Establishing an effective change management procedure - Non-escalation mechanisms (mediation, project mediation and dispute board variants under FIDIC and ICC) - Best practices for direct negotiations in Qatari disputes - Asserting your rights while maintaining future relationships • Development of Mediation in Qatar - Cultural considerations • Renegotiating contract terms / creating supplemental agreements to resolve disputes • Examples of successful Construction /Engineering mediation approaches - Assigning representatives with pre-authorised settlement parameters • How to deal with disputes when there is no contract in place or no contract properly agreed upon

Chairs Closing Remarks and Conference Adjourns

Day Two: Tuesday, 28th January 2014 8:30

Morning Refreshments

8:45

Opening Remarks from the Chairperson Steven Beaumont, Executive Director, Quantum International

9:00

Arbitration Forum Choice Roundtable: The Future of Dispute Resolution in Qatar Moderator: Jane Miles, Associate, Dentons Bob Musgrove, Chief Executive Officer, Qatar International Court and Dispute Resolution Centre (QICDRC) Dr. Minas Khatchadourian*, CEO & Secretary General, Qatar International Center for Conciliation and Arbitration (QICCA) Judge Dr. Ehab Elsonbaty, Legal Advisor, Amiri Diwan • Future of Qatar’s Draft Arbitration Law - Likelihood and timing of implementation - Key provisions likely to be adopted • Comparison of the different tribunals available and rules in those tribunals - Costs of arbitration - Time likely to resolve - Review of issues resolved • How arbitration rules tie in with local Qatari laws

Safeguarding against Litigation and Arbitration When Performing Contracts

12:30

Networking Lunch

13:45

How to Successfully Protect Against Arbitrary Performance Bond Calls Hani Al Naddaf, Partner, Al Tamini & Company • The use of “On-Demand” Performance Bonds in Construction Contracts • Understanding Article 406-413 of Qatar Commercial Law

Fax order form to +44 (0) 20 7878 6885 or visit www.C5-Online.com/ConstructionQatar

@C5Live #C5Construction

• Remedies Available to the Contractor - Pre-emptive injunctive relief – establishing a prima facie case to block payment before the call is made º Required supporting documentary evidence - “After-the-call” Injunctions º Application for injunction before the bond is granted • Advised preparatory work – executing power of attorney, translating documents into Arabic - Litigation / Arbitration to reclaim bonds • Case law examples - How the courts are handling these claims - Critical factors when injunctive relief has been granted 14:30

Preparing Yourself for Litigation Once Negotiation Tactics have been Exhausted Argyris Hadjimiltis, Head of Contract Law Department, J&P (O) Ltd • Selection criteria used to choose outside Counsel • The role of experts in evaluating the strength of a case and analysing available evidence • How do lawyers and companies select experts and how can experts help themselves to be selected • Understanding the Claims Management Process • Proof of fact in civil law jurisdictions • Opinion writing, drafting, translation • Key components of claims and defenses

15:20

Afternoon Refreshments

15:40

The Key to the Successful Enforcement of International Arbitration Awards and Lessons Learned from Dispute Resolution in Other States Andrew Jones, Partner, Dentons Bob Musgrove, Chief Executive Officer, Qatar International Court and Dispute Resolution Centre (QICDRC) • Enforcement in Qatar – how do you enforce an award and how are awards being enforced in practice? - Process for submitting a request for enforcement of a foreign award to the Superior Civil Court • Qatar Reciprocal Enforcement Agreements • Basis for non-enforcement of awards – Article 380 • How enforcement of arbitral awards differs between countries in the Gulf • Recoverability of costs including interest in multijurisdictional disputes • Is international arbitration of disputes actually faster, cheaper and less complicated than using conventional litigation? • How judges and arbitrators interpret evidence and arguments in the construction context? • Role of expert witnesses • How to avoid common mistakes made by litigators

16:45

Chairs’ Closing Remarks

17:00

Conference Ends

Post-Conference Master Class: Wednesday, 29th January 2014 • 9:00 – 12:00

Advanced Best Practices for Risk Allocation in Construction Contracts – The Contractor Perspective Damian Wilkinson, Head of Contract Solutions, EC Harris Research indicates that up to 90% of the problems arising on major construction projects are predictable and preventable. By employing the correct risk allocation methodology at the onset of a project, you can highlight these issues, avoid potential pitfalls, and be assured that you have diligently protected your interests in the contract. This workshop takes an advanced and practical approach to providing contractors with the necessary tools and skills to analyse and define risk allocation successfully. • Why disagreements and conflicts typically occur • Fundamental risks in all construction contracts • Essential Risk and control principles • Appropriate allocation of risk in different contract types • Allocation of Risk related to Time: - Discretionary terms of extension, - Time-bar clauses, - Specificity of liability under different incidents - Advance agreement of time for requests of: º Client information/design º Site access º Approvals • Allocating Risk With Regard to Quality - Defining precise specifications and requirements, - Agreeing upon testing and approvals • Allocation of Costs - The owner versus contractor approach - Where does scope for negotiation exist in Qatar? • Best practice approaches to control risk as a construction contractor - Review of critical sub-contractual agreement terms - Best practices for analysing and negotiating: º Liability Caps º Levels of liquidated damages for delay º General Allocation of liability share

Associate Sponsor: Quantum International is acknowledged as one of the leading management consultants dedicated to serving the interests of the national and international construction and engineering industries. The company has earned a reputation for its unique and innovative approach to providing strategic solutions to construction claims resolution and the demands of clients including the preparation of entitlement claims, forensic planning analysis and the resolution of construction / civil engineering disputes.

Executive Sponsor: Dentons is a top 10 client-centred global law firm focused on quality. One of the largest and longest established international firms in the Middle East, Dentons has been on the ground for more than 40 years. As such the firm can bring to bear a wealth of local expertise and resources at all levels in a way that few other firms can.

To register call +44 (0) 20 7878 6888 or visit www.C5-Online.com/ConstructionQatar

@C5Live #C5Construction ©C5, 2013

C5’s Forum on

Major Projects & Infrastructure Qatar Contract Management & Dispute Resolution Essential Tactics and Strategies for Success in Qatar

Business Information In A Global Context

27–28 January 2014 • The St. Regis Doha Hotel, Qatar Priority Service Code

525L14.E

5

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Date: 27–28 January 2014 Time: 8:45 – 17:00

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Venue: The St. Regis Doha Hotel Address: Doha West Bay, Doha, 14435 Telephone: (974) 44460000 An allocation of bedrooms is being held for delegates at a negotiated rate until 5 January 2014. To book your accommodation please call Venue Search on tel: +44 (0) 20 8541 5656 or e-mail [email protected]. Please note, lower rates may be available when booking via the internet or direct with the hotel, but different cancellation policies will apply.

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payment policy Payment is due in full upon your registration. Full payment must be received prior to the event otherwise entry will be denied. All discounts will be applied to the Main Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organisation.

TERMS AND CONDITIONS You must notify us by email at least 48 hours in advance if you wish to send a substitute participant. Delegates may not “share” a pass between multiple attendees without prior authorisation. If you are unable to find a substitute, please notify C5 in writing no later than 10 days prior to the conference date and a credit voucher will be issued to you for the full amount paid, redeemable against any other C5 conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. C5 reserves the right to cancel any conference for any reason and will not be responsible for airfare, hotel or any other costs incurred by attendees. No liability is assumed by C5 for changes in programme date, content, speakers or venue.

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