Time-bar clauses in FIDIC contracts will be the focus of this event. Particularly Contract Clause 20.1, 'Contractor's Claim' in the FIDIC 1999 contracts. This clause specifies that the claiming party must notify the Engineer describing the event "as soon as practical, and no later than 28 days after the Contractor became aware or should have become aware of the event or circumstance." The significance of the 'notice of claim' versus the 'fully detailed claim' will be discussed during the event. Additionally, there will be consideration of whether these two types of claims should be treated differently as condition precedents under both the FIDIC 1999 contracts and the FIDIC 2017 contracts.
The panellists will delve into the recent DIFC judgment of Panther Real Estate Development LLC v Modern Executive System Contracting LLC to provide insights and analysis. In this judgment, the judge held that the submission of a notice of delay "ran from the date when the Contractor was aware or ought to have been aware of an event or circumstance that could give rise to a claim for an extension of time, regardless of whether there was or had been any actual delay by that time."
This DIFC judgment will be analysed and compared to the English High Court decision in Obrascon Huarte Lain SA v Attorney General for Gibraltar. In the latter case, the judge interpreted that the contractor has the choice of giving notice of delay when it becomes evident that a delay would result from the event or at a later date when the delay had already begun to be incurred. Furthermore, the event will include comments on the influence of the DIFC judgment on subsequent arbitral decisions and the principle of good faith within the region. The aim is to engage in a comprehensive discussion, considering different perspectives and recent legal developments related to the time-barred clauses in a contract under FIDIC clauses.
Natalia Barroso is an Engineer and a Fellow of the Chartered Institute of Arbitrators with significant experience in international construction arbitration. Before she got involved in Delay Analysis for Dispute Resolution purposes, she worked as a project engineer and lead planning engineer for over 16 years in Engineering and Construction mega projects for Técnicas Reunidas.
Since 2016, she has assisted the appointed Delay Expert Witness across a broad spectrum of energy, oil & gas, mining and infrastructure projects in HKA Consulting and Turner & Townsend. Nowadays, she is Director at FTI Consulting in Dubai, U.A.E.
Natalia has a degree in mechanical engineering from the Universidad Politecnica de Madrid, a Master of Laws from Robert Gordon University and an MBA from IE Business School.
Member of the Board in the European Branch of CIArb and Chair of the Iberian Chapter. Bachelor in Law, several masters in Business Administration and Economics. Lawyer, investor and free-lance manager. For more than three decades, he has developed his skills focused on planning ventures and investments, negotiation processes and dealing approaches in areas such as urban land, property assets, corporate real estate and venture financing. In the last years he assists on financial and monetary policies, value channel and market transforming; and has taken a seat in virtual assets, blockchain, crypto industry, and art investment. From time to time, he supports to third parties on the matters above, in analysis and transforming the structure of an industry, or in leading teams involved into such goals.
Abdelkader Khalladi is a Senior Civil Engineer from the "Ecole Nationale des Ingénieurs de Gabés Tunisie", and has a diploma in Advanced Studies (DEA) in structures, a Master's Degree in Photovoltaic and Alternative Energies from the University eCampus of Milan, Italy and a Master's Degree in Construction Law and Arbitration from the Robert Gordon University, Scotland. He has 37 years of experience in the construction sector. Abdelkader has worked for several international companies, including Canadian Company SNC Lavalin and Spanish companies Ferrovial and OHLA. He has been involved in many arbitrations against subcontractors and states in Ad-Hoc, as well as institutional arbitrations. Since 2014, he has been the Contract Administration Director of OHLA. Abdelkader Khalladi is a Fellow of the Chartered Institute of Arbitrators and Member of l’Ordre des Ingénieurs de la Tunisie.
Slava is an English-qualified solicitor-advocate and has been based in the UAE for more than a decade, advising clients on energy, construction, and infrastructure disputes throughout the region. His clients include national and international oil & gas companies, refining and petrochemical companies, EPC contractors, and oil & gas service companies. Slava is ranked by legal directory Who's Who as a Global Leader for power and electricity and oil & gas, describing him as having "a wealth of experience" and being a stand-out lawyer for "his dispute resolution practice in the oil and gas processing, refining and petrochemical infrastructure in the Middle East". He is also ranked as one of the UAE's leading lawyers for both construction and oil & gas in The Legal 500, where anonymous client testimonials praised Slava for having "excellent industry knowledge" and being "very experienced in the Middle East", with another saying: "Slava is probably the best person that we have worked with in the recent past – he understands what we need as a business. Commercially savvy and technically great, his strategic advice is always welcome by our board of directors."
Mehmet is a Managing Director with Secretariat and is based in London. Mehmet has 18 years of experience in the construction industry, specializing in dispute resolution, delay and disruption analyses, contract review preparation of claims, and quantum and programming matters.
In addition to the projects in the UK, he has undertaken commissions in more than 30 countries as a civil engineer and expert.
Mehmet has been appointed as a delay and quantum expert on many occasions (both as a party-appointed and a tribunal-appointed expert) and testified several times in arbitration proceedings, including giving concurrent expert evidence.
Who's Who Legal recognizes Mr Karakoc in its Construction Expert Witness (2019 to 2023), Consulting Expert (2019 to 2023) and Arbitration Expert (2021 to 2023) categories," and it says Mr Karakoc "combines powerful cognitive skills with outstanding perform " once on the" witness stand" and his "expertise in construction" cases is second to none".