On 2 June 2021, the CIArb Egypt Branch jointly with CRCICA organized the webinar on “Top Ten Issues in International Construction and Related Disputes”. The moderator was Prof. Dr. Mohamed Abdel Wahab, Founding Partner and Head of International Arbitration, Construction and Energy at Zulficar & Partners Law Firm, Professor of International Arbitration, Private International Law and English Contract Law at Cairo University. The speaker was Dr. Hamish Lal, Partner, AKIN GUMP STRAUSS HAUER & FELD.
After setting the topography of international construction projects, claims and disputes worked through, Dr. Lal explained a list of ten issues that are fundamental to understanding, managing, quantifying and resolving international construction disputes. He also considered issues that are currently of concern internationally, such as the use of standard form contracts (i.e. FIDIC) and multi-tier dispute resolution clauses.
Attendees participated actively in the webinar through interesting questions and comments. Their questions and comments focused on notices as a condition precedent to entitlement and the interface with civil code rights on prescription / limitation, the right to payment for variations instructed orally, the failure of an Engineer to timely issue a Determination, the application of civil codes, hot-tubbing of experts in international arbitration, and enforcement of DAB decisions. The webinar was attended by 200 participants from Australia, Austria, Bahrain, Barbados, Botswana, Brazil, Bulgaria, Burkina Faso, Cambodia, Canada Cyprus, Egypt, France Germany, India, Ireland, Jordan, Kenya, Kuwait, Lebanon, Lesotho, Mauritius, Netherlands, Nigeria, Palestinian, Philippines, Poland, Qatar, Romania, Saudi Arabia, Singapore, Sudan, Turkey, United Arab Emirates, United Kingdom, and the United States. They were from various legal and engineering backgrounds, and included senior judges from the Egyptian Court of Cassation.
