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Wednesday 28 November 2018 : 09:30 - 21:00

Increasing globalization has changed the nature of business. It has also changed the type of advice our clients’ need. The combination of Eversheds and Sutherland in early 2017 was done with this in mind. As our clients expand globally, we are with them. Our lawyers around the globe are united by our vision, values and understanding of our clients’ businesses and their needs. We provide high quality legal advice whether we are operating within country or across borders from our 66 offices in Africa, Asia, Europe, the Middle East and the United States.

As a combined firm, we have one of the largest teams of construction and engineering lawyers in the world. A large segment of the team’s work involves advising on major, high value complex energy and infrastructure projects procured through an EPC (or EPC variant) method. We advise on the full range of legal issues arising on EPC projects, from drafting and negotiation of contracts and financing documentation, to providing live project support (our project advisory service), to advising on dispute resolution through ADR methods and, if necessary, in local tribunals and international arbitration forums.

A number of our clients expressed interest in a conference on the subject of EPC contracting and so we are delighted to bring this idea to fruition. They are joined by the most impressive group of in-house lawyers and general counsel, experts, barristers and arbitrators, all of whom have extensive experience in EPC.

We trust that you find the enclosed agenda interesting and that you will accept our invitation to join us and our other clients for what we are sure will be a rewarding and thought-provoking conference.

Eversheds Sutherland Construction and Engineering Partners

Speakers

David Barry - CEO, BlackrockPM

 

 David Barry, CEO, BlackrockPM

David Barry, Who’s Who Legal’s Construction Expert Witness of the Year 2018, is an experienced programme and construction management professional who specialises in using critical path method scheduling as the principal tool in managing complex construction projects. He has over 30 years of experience, gained on a range of construction projects including: major civil; commercial; institutional; process; industrial; and environmental works.

David is a reputable expert witness with extensive testifying experience. He has reported upon issues such as project and construction management performance, disruption, acceleration, concurrency, mitigation responsibility, and other planning issues. David has also had several appointments as Court/Tribunal appointed Expert, and acts as a Dispute Advisory Board member, Arbitrator and Mediator.

 

Yao Changbin - Vice President, CPECC

 

Yao Changbin, Vice President, CPECC

Yao is a Vice President of CPECC, specialising in international project management. He leads supply chain, contract administration, dispute resolution, HSE practice of CPECC.

He has over 30 years of professional experience managing EPC projects of more than 10 billion USD, primarily in the oil and gas sector. He leads preparing bid proposals and contract negotiation, and drawing up project execution plan during the execution phase of projects. He acts as leader to monitor project progress, cost, contract changes, supply chain, international arbitration and HSE of international projects for CPECC.

Yao holds a PMP Certification from the Project Management Institute.


Sir Antony Edwards-Stuart, MA (Cantab) - Arbitrator

 

Sir Antony Edwards-Stuart

Sir Antony Edwards-Stuart started practice at 2 Crown Office Row (now Crown Office Chambers) in 1978 after completion of pupillage, following 10 years as a regular Army officer in the Royal Tank Regiment. He developed a busy general common law and commercial practice and was appointed QC and Assistant Recorder 13 years later, in 1991. In 2005 he was appointed a Deputy High Court Judge (QBD - Technology & Construction Court and, in 2008, to the Administrative Court). He was elected Head of Chambers in 2005. He was appointed a High Court Judge in 2009 and, from 2013-2016, was the Judge in Charge of the TCC. He retired as a High Court Judge in November 2016. He now practises as an international arbitrator.

His main areas of practice were insurance/reinsurance, professional negligence, construction, pollution, product liability, sale of goods and general commercial contract work; latterly with a particular emphasis on complex construction engineering, technical or scientific cases.

He was recommended in the legal directories as a Leading Silk in the fields of Construction, Professional Negligence and Insurance/Reinsurance.

In May 2016 he was awarded the Society of Construction Law President’s Medal for his "outstanding contribution to construction law" (the medal is awarded every other year). In April 2018 he was appointed Deputy Chair of the Security Vetting Appeals Panel.

 

Dr Robert Gaitskell QC - Arbitrator

 

Dr Robert Gaiskell QC

Dr Robert Gaitskell QC practises from Keating Chambers, specialising in technology, engineering and construction disputes, often of an international nature. He was called to the Bar in 1978, appointed Queen’s Counsel in 1994 and sat as a Recorder (part-time judge) from 2000-2010.

Robert Gaitskell predominantly acts as an arbitrator, adjudicator, dispute board member and mediator. He is both a lawyer and a professional engineer. He is the editor of ‘Keating Construction Dispute Resolution Handbook’ (3rd edition 2016); a former Vice President of the IEE/ IET (Europe’s biggest professional engineering institution); and a member of the Singapore National Electricity Market Dispute Resolution & Compensation Panel. He writes extensively and lectures throughout the world on legal/engineering subjects, including at CERN in Geneva and Xerox PARC in Silicon Valley.


Karin Griggel - General Counsel (Engineering), Linde AG

 

Karin

Karin is based in Pullach (near Munich) and responsible for the global engineering division of the Linde AG as General Counsel. Since 2013, she is heading the global legal and insurance department. She is active in the field of international commercial, contracts and EPC law for more than ten years. Her key activities lie in international EPC contracts, license contracts and litigation / arbitration as well as in M&A and in management of strategic projects. Karin gained her experience in Germany and abroad (India, South Africa, Australia, Singapore). Karin studied law at the university of Erlangen and university of Munich.


Professor Doug Jones AO - Arbitrator

 

Professor Doug Jones AO

Doug Jones AO is a leading independent international arbitrator with over 40 years’ prior experience as an international transactional and disputes projects lawyer. Doug has advised on major projects involving project structuring and financing, telecommunications, buildings, transport infrastructure, power, mining, and oil and gas.

The arbitrations in which he has sat include infrastructure, energy, commodities, commercial and joint venture, and investor-state disputes spanning over 30 jurisdictions. He has experience as an arbitrator under ICC, LCIA, AAA, ICDR, KLRCA, SIAC, DIAC, ACICA, IAMA, AMINZ, EDF Arbitration Rules, as well as the ICSID and UNCITRAL Rules, in disputes of values exceeding some billions $US.

Doug is currently serving as the President of the International Academy of Construction Lawyers.


Tom Marke, General Counsel Europe - Multiplex

 

Tom Marke

Tom Marke is European General Counsel at global construction giant Multiplex, leading its legal team and overseeing regional commercial transactions, dispute resolution, regulatory and compliance matters.

Tom spent 10 years in private practice at a top City firm, mainly advising developers and funders on major construction projects, before moving in-house with Multiplex in 2012.

In 2017 Tom was identified as a ‘rising star’ and an ‘outstanding lawyer’ in the annual GC Powerlist review.

Tom’s experience covers all of the common forms of contract and procurement models (JCT, NEC, FIDIC and PFI) across a variety of projects from football stadia and hospitals to office skyscrapers and super prime residential developments.


The Right Honourable the Lord Neuberger of Abbotsbury

 

David Neuberger read chemistry at Oxford, and after spending three years as an investment banker, he was called to the Bar in 1975. He practised largely in property law, and in 1987 became a Queen’s Counsel. In 1996, he was appointed a High Court Judge, sitting in the Chancery Division, and was Supervisory Chancery Judge for Midland, Wales and Chester and Western Circuits from 2001. In 2004, he was promoted to the Court of Appeal, and appointed Judge in charge of IT and modernisation. In 2007 he became a Law Lord and was made a Peer. He was appointed Master of the Rolls in 2009. In 2012, he became the President of the United Kingdom Supreme Court, a position from which he retired in September 2017.

Since 2010, Lord Neuberger has been a Non-Permanent Judge of the Hong Kong Court of Final Appeal; in January 2018, he became a Judge of the Singapore International Commercial Court. Lord Neuberger practises as an arbitrator from One Essex Court in the Temple.

Lord Neuberger is an honorary Fellow of the Royal Society, and an honorary member of the Royal Institution of Chartered Surveyors. He chairs the Institute of Family Law Arbitrators and is a trustee of Mental Health Research UK and of Prisoners Abroad, and Patron of Sapere. In 2006-7, he chaired an investigation for the Bar Council into widening access to the barristers profession.


Emira Sadki - International Head of Legal, Eiffage Énergie Systèmes

 

Emira Sadki

Mrs Sadki is international head of legal for the energy branch of Eiffage, responsible for the legal affairs of foreign subsidiaries. Her role is to ensure legal assistance in all legal and operative matters globally including management of complex projects and structuring financial packages for energy infrastructures. She is also in charge of coordinating activity of European subsidiaries in house counsel in.

Karin has extensive experience in project contracting related to turnkey projects (construction and maintenance) for renewable energy plant and power generation, transmission and distribution. She has in-depth experience and knowledge in corporate governance matters and insurances.


Laura Susi-Gamba - Head of Legal, Energy Solutions, Wärtsilä

 

Laura Susi-Gamba

Mrs Susi-Gamba is head of legal and a member of the Wärtsilä Energy Solutions management team, and participates in the leadership of the business. Her role is to ensure legal assistance in all operative matters globally and to guide and support her 20-strong team. Mrs Susi-Gamba has extensive experience across many jurisdictions, including transactions (M&A, project financing, project contracting) and complex, high-profile litigation.

She has in-depth experience and knowledge of compliance and corporate governance. Mrs Susi-Gamba holds LLMs from the University of Helsinki and Boston University and practised with White & Case before moving in house.


Shanna Svensson - Senior Legal Counsel, Shell

 

Shanna Svensson

Shanna Svensson is Senior Legal Counsel in Shell’s Global Litigation team. She joined the Shell group in 2016, having managed BG Group’s Australian litigation and arbitration matters since 2013. 

Prior to moving in-house Shanna practiced in the Construction & Major Projects Disputes team at Allens Linklaters, having graduated from Queensland University of Technology. Recently she has supported Shell’s Australian QGC LNG, North West Shelf and Prelude integrated gas assets, including successfully defending a number of material international arbitration claims. 

Shanna is currently based in London, supporting the EMENA region.


Marcus Taverner QC - Keating Chambers

 

Marcus Taverner QC

Recommended as "the leading construction silk at the bar today" (Who’s Who Legal 2016), Marcus Taverner QC has a "broad skill set" specialising in the fields of construction and engineering, professional negligence and energy and natural resources (where his work is described as "second to none"). The combination of "unparalleled advocacy skills" and "sound judgment" make him a popular choice for domestic and international clients. He has an extensive advisory practice and a formidable reputation as an advocate and in particular a cross-examiner (both in litigation and arbitration).

Marcus is well known not only for his considerable strategic acumen and understanding of the commercial aspects of litigation but, in particular, for his mastering of the technical detail of the many complex and high value cases he undertakes. He is regularly nominated by the Legal 500 and other bodies and was named top construction silk in 2009 and 2015 by Chambers & Partners. Marcus is currently Head of Keating Chambers.


Snorre Valdimarsson - General Counsel, Scatec

 

Snorre

Mr. Valdimarsson is responsible for all legal aspects of the Group, as well as being head of compliance and secretary to the Board of Directors. Mr. Valdimarsson has more than 12 years of experience in advising on infrastructure transaction, hereunder development, structuring, construction, project finance and equity funding of renewable energy projects.

Prior to joining Scatec Solar Mr. Valdimarsson worked at the Norwegian Law firm Selmer, focusing on M&A, finance, and debt capital markets. Mr. Valdimarsson has a Masters Degree in law from the University of Bergen, Norway.


Lawrence Dany - Partner, Eversheds Sutherland

 

Larry Dany

Larry Dany is lead partner of the Eversheds Sutherland (US) Construction Industry Practice Group in New York City. He helps clients across the construction industry resolve a wide variety of complex business and legal challenges through planning, contract negotiation and drafting, dispute avoidance, claim management, arbitration and litigation from inception through jury trial in state and federal courts across the country. Larry’s practice also focuses on occupational health and safety, and industrial and construction workplace incident response.

When alleged violations arise, Larry guides internal investigations, prepares strategic responses to inquiries and defends entities in connection with investigations and enforcement actions brought by government agencies.

Larry is consistently recognized by leading publications as a “key name to note” (The Legal 500 United States 2016, 2017) and a “rising star” (Super Lawyers 2012-2017) in the area of construction law and litigation.


Lee Davis - Partner, Eversheds Sutherland

 


Lee Davis

With more than 30 years of construction law experience, Lee Davis serves as lead counsel in jury trials, bench trials, arbitrations and mediations. Chair of Eversheds Sutherland (US)’s Construction Industry Team and a member of Eversheds Sutherland (US)’s Litigation Practice Group, Lee’s experience as lead counsel in complex construction disputes runs the gamut of construction projects, including power plants, industrial facilities, wastewater treatment plants, hotels, resorts, condominiums, hospitals, shopping centers, office buildings and apartments.

Lee advises major engineering, procurement and construction (EPC) contractors, general contractors, subcontractors, engineers, owners, municipal districts and material suppliers participating in large-scale industrial and commercial construction projects. For these clients, Lee has advanced and defended nine-figure claims, drafted contracts and provided advice on project management and claim avoidance.


Jonathan Douglas, Partner, Eversheds Sutherland

 


Jonathan Douglas

Jonathan leads our Construction & Engineering Disputes Group in the UK and is based in London.

He is a senior construction litigator specialising in large, high value and technically complex construction and infrastructure disputes (court proceedings, adjudication and arbitration).

His sector strengths include office, retail, logistics, renewables including CHP plants, biomass and offshore wind and has particular expertise in complex delay claims.

Jonathan has a niche for conducting (and where necessary driving) ADR in high value, multi-party disputes. He has been instrumental in settling apparently intractable disputes by proposing innovative commercial solutions involving complex settlement structures.

Jonathan is dual-qualified having previously worked with Balfour Beatty as a chartered Q.S.

Jonathan is recognised in the legal directories and has been described as “an outstanding litigator” in Legal 500.


Jennifer Fletcher - Partner, Eversheds Sutherland

 

Jenny Fletcher

Jenny Fletcher’s legal practice has involved construction industry issues exclusively for more than 30 years. She has successfully resolved complex construction disputes for clients throughout the country and internationally, representing construction managers, developers, general contractors, owners, municipalities and specialty contractors. Jenny has served as lead counsel in many jury and bench trials, arbitrations, appellate arguments, court appearances and mediations.

Jenny is the Immediate Past President of the American College of Construction Lawyers and serves on its Executive Board. She is listed as a star individual by Chambers USA and has been recognized as a top construction lawyer and litigator by Benchmark Litigation, the Best Lawyers In America, Legal 500 United States, and others. She is a fellow in the Chartered Institute of Arbitrators and is an arbitrator on the American Arbitration Association Construction Industry Mega Case Panel. She serves as a Master and member of the Executive Committee of the Lumpkin Inn of Court and is a member of the Board of Trustees for the Georgia Trust for Historic Preservation. At Sutherland, Jenny has served as a member of the executive committee, as co-leader of the Litigation Practice Group, and as leader of the Construction Industry Practice Group.


Jo Hatton-Jones - Partner, Eversheds Sutherland

 


Jo Hatton-Jones

Jo is a Partner in the Construction and Engineering group and a member of our renewable and clean energy team. She qualified as a solicitor after reading a chemical engineering degree and specializes in applying a process of early risk analysis (which allows commercial and legal risks to be identified and managed in the early stages of a project).

She specialises in drafting and negotiating both standard form and bespoke building contracts, enabling works contracts, framework agreements, security documentation, consultants’ appointments and collateral warranties and works for clients in both the public and private sector


Rob McNabb - Partner, Eversheds Sutherland

 

Rob McNabb

Rob is a partner in our construction and engineering group with extensive experience across both contentious and non-contentious elements of construction and engineering projects. Rob advises clients on their procurement strategies and is familiar with all standard forms of contract including JCT, NEC, FIDIC, MF/1, ICE and IChemE. Rob also provides strategic advice to clients during projects and in the resolution of disputes and has acted on a number of major disputes both in the UK and Europe in a variety of different dispute forums.

Rob has advised on a wide variety of projects ranging from commercial buildings to major process plant and infrastructure projects. Rob has particular experience in energy, infrastructure and major redevelopment projects.


Jessica Neuberger - Partner, Eversheds Sutherland

 


Jessica Neuberger

Jessica is a partner in our construction and engineering group in London.

She specialises in all forms of construction, engineering and operation disputes arising in the built environment, resources and infrastructure sectors and has experience of all forms of dispute resolution including adjudication, litigation, arbitration, expert determination and mediation.

She has particular experience in complex PFI/PPP disputes across multiple sectors (waste, health, education, accommodation, transport and defence) acting for public sector clients, sponsors, equity investors, debt financiers, construction contractors and operators.

Jessica is recognised as a Next Generation Lawyer in Legal 500 2017 and 2018 legal directory.


James Pickavance - Partner, Eversheds Sutherland

 

James Pickavance

James is a partner in our construction and engineering practice, specialising in dispute resolution. He leads Eversheds construction international arbitration practice.

He has experience advising public bodies, governments and international corporations in over 20 jurisdictions on EPC (or EPC variant) projects, primarily in the energy and infrastructure sector. He assists clients during the execution phase of major projects with strategic advice, project team training, contractual interpretation issues and dispute avoidance. He also acts for clients in alternative dispute resolution procedures, complex high value litigation and international arbitration.

James is a committee member of the Adjudication Society and a visiting senior lecturer at Kings College London University on the Construction Law & Dispute Resolution MSc. James is ranked as a leading individual for construction international arbitration in Chambers & Partners 2017 and 2018 legal directory. He is described therein as “exceptionally gifted and talented” and as someone “very thoughtful who likes to know all the detail to enable him to see the big picture.” James is author of the leading text “A Practical Guide to Construction Adjudication”, published by Wiley Blackwell in December 2015


Bruno Richard - Partner, Eversheds Sutherland

 

Bruno Richard

Bruno Richard, partner resident in our Paris Office, is an expert in administrative law and construction. Bruno works on public law matters (PPP, projects, complex dispute and litigation cases, completion of procured infrastructure public works, land planning issues, permitting, environmental issues). He has an impressive track record (CDG Airport, Bridges and Tunnels, ports refurbishments, dredging, Railway stations including the refurbishment of Paris Saint Lazare station, Paris subways, Lille transportation system …) and has been recently selected to act in the context of Eole from Paris Saint Lazare to La Défense. He also takes in charge litigation issues in connection with land planning and environmental issues (acting in the context of the refurbishment of the coal energy plants run by CPCU due to COP 21).

Bruno’s experience is also used to draft various contracts (EPC, subcontracting, engineering) around construction issues. He assisted clients in:

– construction contracts (Warehouses for Goodman, for a French REIT in relation with a 20M€ warehouse and a 70M€ SLB, for EFFIA in order to build new underground parkings)

– public procurements: acting for the consortium for the L12 subway in Paris (2 stations and a tunnel, 25 M€ claimed)

– restructuration of the Saint Lazare Railway Station

– assisting constructors in the largest Tokamak project

– managing contractual disputes in major PPP in France: transportation system in Lille, Hospitals, Stadiums

 


Paul Taylor - Partner, Eversheds Sutherland

 

Paul Taylor

Paul is a partner in the litigation, arbitration and dispute management practice group in the Dubai office. He has a depth of knowledge and experience in legal practice in the UAE and Middle East region having lived and practiced there for 14 years.

Paul specialises in projects, construction and engineering matters focusing on contentious work, with time, loss, expense and variations often being at the core of such cases. He has advised clients across a wide range of domestic and international construction projects on bespoke and standard form EPC and traditional contract forms, and acts for regional and global clients under all widely recognised arbitration rules in various jurisdictions.

Paul and his team won Middle East Arbitration Team of the Year for 2017 at the Legal Week Awards.

The team, led by Paul, also handle commercial disputes and non-contentious construction work for his clients.


  • 66 Offices
  • 32 Jurisdictions
  • 2400 Lawyers
Venue
Eversheds Sutherland, 1 Wood Street, London EC2V 7WS

Timing and agenda

Time Seminar Topic Our speaker(s) Panel

09:30

Registration

 

 

 

10:00

 

 

 

Opening

Eversheds Sutherland's EPC business

Chair Person

 

10:10

 

 

 

Seminar 1

EPC contracting traps: 10 important provisions that go unnoticed but often create pitfalls

Rob McNabb, Jo Hatton-Jones

 

10:50

 

 

 

Seminar 2

Current trends and themes in UK, Europe, MENA and US EPC contracting

Rob McNabb, Lee Davis, Bruno Richard

Snorre Valdimarsson, Karin Griggel,
Emira Sadki

11:30

Coffee break

 

 

 

11:50

 

 

 

Seminar 3

The Middle East’s hot spots: EPC contracting in Iran, Iraq and Saudi Arabia.

Paul Taylor

 

12:30

 

 

 

Seminar 4

Project design: getting the finished product the owner wants and needs (and the EPC contractor’s response)

Lee Davis, Larry Dany

 

13:10

Lunch

 

 

 

14:10

 

 

 

Seminar 5

Managing time and delays on EPC projects

Jonathan Douglas

Tom Marke, David Barry, Marcus Taverner

14:50

 

 

 

Seminar 6

Limiting liability and the exceptions to the exclusion: gross negligence and wilful misconduct

Jo Hatton Jones, James Pickavance

 

15:30

 

 

 

Seminar 7

Corporate dispute resolution strategies: tips to avoid disputes forming or escalating in EPC projects

Jessica Neuberger

Laura Susi-Gamba, Shanna Svensson, Yao Changbin

16:10

Coffee break

 

 

 

16:30

 

 

 

Seminar 8

Managing subcontractor failures: including subcontractor approval clauses, effective force supplementation, scope reduction and funding arrangements.

Jenny Fletcher, Larry Dany

 

17:10

 

 

 

Seminar 9

Winning in international arbitration: the arbitrators’ views

James Pickavance

Professor Doug Jones, Dr Robert Gaitskell, Sir Antony Edwards-Stuart

17:50

Close

 

 

 

18:00

 

 

 

Pre-dinner drinks

Champagne pre-dinner drinks and networking

 

 

18:30

 

 

 

Dinner

Keynote speech

Three course dinner prepared by Eversheds Sutherland’s award winning Head Chef

Judges, Brexit, and other animals

Keynote speaker

Lord Neuberger of Abbotsbury