The ICC-FIDIC Annual Conference, which is renowned in the field of international construction contracts and dispute resolution, was held on October 17-18, 2024 in Seoul, Korea. The two-day annual event gathered leading practitioners in the field of global construction engineering, focused on the latest developments in contract management and dispute resolution in the field of international construction engineering, and provided a platform for legal talents in the field of global construction engineering to exchange and learn, and Mr. Lipin Zhang, Managing Partner of the Foreign Affairs Department of King&Capital Law Firm, represented King&Capital Law Firm to attend the event. Mr. Zhang Libin actively asked questions and made speeches in the conference, and had in-depth exchanges and discussions with experts in the field of global construction engineering law, showing the professionalism and international vision of Chinese lawyers.
Conference Scene
The agenda of the conference was exciting and in-depth, covering a full range of topics from the execution of international construction contracts to dispute resolution. The first day's program kicked off with a unique roundtable discussion, where in-house counsel from Korea engaged in lively discussions on key topics such as notice of claim, industry standards, concurrent delays, intellectual property rights, and subcontracting and supply agreements. They also provided insights into the main challenges faced by Korean contractors in international disputes and arbitration, offering attendees valuable industry insights and solutions. Immediately afterward, the experts compared the differences between the variation and claim clauses in the two versions of FIDIC contracts in 1999 and 2017, and shared valuable experiences in project execution and best practices in ICC arbitration. In the third session of the conference, Dispute Board, as a widely adopted dispute resolution mechanism in the field of international construction engineering, became the focus of discussion, and the organizers of the conference took the liberty of organizing an Oxford-style debate on “Whether the Dispute Board should be abolished”, with both positive and negative views arguing on the stage, as well as stimulating the debate. The organizers of the conference had the novelty of organizing an Oxford-style debate on “Should Dispute Resolution Committees be abolished”, in which both sides argued on the stage, and at the same time inspired the guests to participate in the discussion and vote, which made a relatively academic issue become a vivid discussion on the reality. The fourth session of the conference focused on the use of expert evidence in international construction arbitration cases, discussing the central role of expert witnesses in international construction disputes and how arbitral tribunals can manage and present expert evidence more effectively to avoid complicating disputes.
Conference discussion on Dispute Resolution Committees
The second day of the conference picked up where the first day left off, with topics deepening to focus on the latest developments in conflict management and dispute avoidance. In the fifth session, participants explored the latest developments in FIDIC contracts and ICC arbitration awards, especially the application of FIDIC contracts and arbitration practices under the Korean legal framework. The sixth session, on the other hand, demonstrated the effective application of Dispute Boards and Arbitrators in conflict management and dispute avoidance through real-life case studies. Discussions covered early dispute management policies within a company, risk assessment, informal assistance from Dispute Boards and their decision-making process, as well as mediation and conciliation tactics in arbitration cases, providing participants with a comprehensive set of tools for dispute resolution. The final session of the conference was an in-depth discussion on delays and disruptions in the construction process. Based on their rich practical experience, the experts shared their strategies and methods on how to effectively file claims against construction delays and disruptions.
The conference explored the application of Clause 18.1 of the FIDIC contract under Korean law.
ICC organized this event in Seoul as a proactive attempt to choose a location based on the fact that Korean companies have become increasingly active in the international contracting market in recent years. Since Chinese building construction has been exceptionally active in the international contracting market and many contracting disputes have occurred, Mr. Zhang Libin, Managing Partner of King&Capital Law Firm's International Business Department, attended the event with questions and reflections, and he actively participated in the discussion of cutting-edge issues and continued to learn about the legal issues and practical practices in this field of specialization.
For a long time, the International Business Department of King&Capital Law Firm has been actively representing Chinese engineering enterprises in international commercial arbitration, trying to protect the interests of Chinese enterprises and seeking legitimate and reasonable legal remedies. As an important conference on international engineering dispute resolution, this event exchange, in which King&Capital has exchanged views with famous lawyers and experts and scholars in the cross-cutting fields of ICC and FIDIC, has also narrowed the gap between Chinese lawyers and international lawyers in this field, so as to jointly push forward the high-quality development of legal services in the dispute resolution of international engineering contracts.
