This conference brings together leading practitioners in construction law dealing with new and most pressing issues that have emerged over the past 12 months, providing an international and practical perspective on arbitration and dispute resolution. Each session will be followed by a Q&A.

The event is free to attend either in person or online.

Conference programme

09:00am - Welcome

Conference Chair: Professor Renato Nazzini, Director, Centre of Construction Law and Dispute Resolution, King’s College London

Professor Dan Hunter, Dean of The Dickson Poon School of Law, King’s College London

09:10am - Managing multiparty construction and engineering disputes

Multiparty disputes present particular challenges to construction industry participants, both for the practicalities of dispute resolution provisions and after disputes have arisen. This session will consider traps and tricks in managing multiparty disputes.

Chair: Rupert Syndenham, Hogan Lovells

• Shy Jackson, BCLP
• James Morris, Mayer Brown

09:50am - Poisoning the infrastructure boom: Inflation, materials and labour

Public and private investment in infrastructure is at levels not seen since the mid-20th Century. And yet the impact of the pandemic, geopolitical events like the Ukrainian conflict and multiple global and local socio-economic factors have and continue to cause real problems with existing projects and challenges to the viability of prospective projects.

The most cited causes for concern are the availability of materials, escalating prices, inflation, labour and supply chain disruption. This session will consider ways in which parties to existing projects may be able to deal with this and what measures parties to new projects are putting in place.

Chair: James Pickavance, Jones Day

• Claire King, Fenwick Elliott
• Sarah Thomas, DLA Piper

11:30am - Break

11:50am - The termination journey: Key considerations, risks... and opportunities?

Given the current volatility in the global construction market, terminations are on the increase. This session will consider some of the key commercial and legal considerations building up to, during and after terminating a construction contract both from a common as well as civil law perspective. These key considerations will be viewed through the lens of the perspectives of both Employers and Contractors.

Chair: Charles Blamire-Brown, Pinsent Masons

• James Doe, Herbert Smith Freehills
• Lynne McCafferty KC, 4 Pump Court
• Ciaran Williams, Vinson & Elkins

12:30pm - Offshore construction disputes

In the context of countries seeking to deliver on their net zero pledges, and a consequential rise in investment in offshore wind projects, a discussion of the critical issues for offshore construction projects and how these risks might be mitigated by the parties (or allocated between them).

Chair: Sarah Grenfell, CMS

• Kate Gough, Freshfields Bruckhaus Deringer
• Steve Abraham, Baker McKenzie

1:10pm - Lunch

2:10pm – Keynote: In-house perspective on construction dispute avoidance and resolution

Maria Irene Perruccio, Head of International Affairs (Europe and Americas) at WeBuild

2:30pm - The elusive critical path

A discussion of proving delay claims in construction disputes and arbitration including the need for programming evidence and the role of the delay expert within the wider team in the formulation.

Chair: Steven J Walker KC, Atkin Chambers

• Karen Best, HKA
• Tony Dymond, Debevoise & Plimpton
• Maria Fisentzou, FTI Consulting
• Daniel Garton, White & Case

3:10pm - If the shoe fits: Choosing a procedure that suits YOUR case

One benefit of arbitration is touted to be the flexibility of process, yet often we see stock-standard procedural orders and timetables rolled out from case to case. The panel will consider whether (and how) parties and arbitrators could – and should – adopt a more flexible, tailored approach to maximise procedural efficiency.

Chair: Andrea Stauber, King & Spalding 

• Justin Mort KC, Keating Chambers
• Lindy Patterson KC, 39 Essex Chambers

3:50pm - Break

4:10pm - It takes money to get money: Third party funding in international construction arbitration

Some perceive utilising third party funding especially challenging in complex construction disputes. But in times of increasing costs and pressures on margins, is even greater reliance on third party funding by industry players essential? We discuss the perceived pros and cons, and things to be aware of, particularly from an international arbitration perspective.

Chair: Elizabeth Wilson, Quinn Emmanuel

• Hamish Lal, Akin Gump
• Marie Berard, Clifford Chance

4:50pm - Valuing overhead claims: A critical review by accountants and quantity surveyors

A panel debate grappling with the pros and cons of formulae to measure loss of contribution claims, the prolongation or actual cost approach and how derivation from management accounts can be best applied. The discussion will consider how experts of different disciplines normally approach the often-thorny issue of valuing overheads and profit claims.

Chair: Mark Taylor, Secretariat

• John Jones, HKA
• Matthew Finn, Ankura 
• Chris Clemens, Deloitte

5:30pm – Concluding remarks

Conference Chair: Professor Renato Nazzini, Director, Centre of Construction Law and Dispute Resolution, King’s College London

5:45pm - Finish