In construction arbitration, process is everything. Master it, and you will win
Sadique Mohd
Head of Arbitration, Al Aidarous Advocates & Legal Consultants
Major projects disputes are a part of construction that although is always present, yet no one expects it. The main goal is not to win the dispute, but to prevent it. That's why any project specialist should have negotiation “tools” up at his sleeve that will allow promptly resolute disputes that arise during the project
Arman Ginoyan
Head of Large Projects Practice, Gazpromneft Expert Solutions
Conference Program
Partner of the 1st session
Session I
10:00 AM – 11:30 AM
Navigation in construction arbitration: making the process effective
Ilya Zharsky, Managing Partner, Expert Group Veta. Topic: Interaction between lawyers and experts: mastering presenting and refuting expert testimony.
Elena Natarova, Marketing Director, JSC "Terra Tech" (State Corporation "Roscosmos"). Topic: Expert Reports Based on Satellite Imagery in Construction Disputes.
Sadique Mohd, Head of Arbitration, Al Aidarous Advocates & Legal Consultants.
Key topics:
The arbitrator's specific role in construction disputes: leveraging expert opinions and managing the proceedings.
Interaction between lawyers and experts: mastering presenting and refuting expert testimony.
Managing the litigation: practical recommendations for representatives involved in construction disputes.
11:30 AM –
12:00 PM
Coffee break
Session II
12:00 PM – 01:30 PM
The Art of Risk Management: Avoiding Escalation in Construction Disputes
Vladimir Pestrikov, Partner, Lawyer, Dyakin, Gortsunyan & Partners. Topic: The Use and Effectiveness of Dispute Boards.
Arman Ginoyan, Head of Large Projects Practice, Gazpromneft Expert Solutions. Topic: Alternative Dispute Resolution in Large-Scale Construction Projects: Negotiations, Consultations, Mediation, "Meeting with the Ministers," etc.
Alexander Tarasenko, Partner, Kept. Topic: Equipment Defect Analysis: Technical Expertise.
Key topics:
The use and effectiveness of Dispute Boards
The role of mediation and other ADR mechanisms in construction disputes
Experiences with pre-arbitration procedures in various jurisdictions
01:30 PM –
02:30 PM
Lunch
Partner of the 3rd session
Session III
02:30 PM – 04:00 PM
Substantive Issues and Costs in Construction Disputes
Natalya Zaitseva, Deputy General Director for Legal Affairs, Power Machines. Topic: Judicial Interpretation of the "Good Faith in Cooperation" Principle Under Sanctions.
Angelina Balakina, Practice Head, Orlova\Ermolenko Law Firm. Topic: Inflation and Construction Contracts.
Anton Kubasov, Director, Forensic, Head of Dispute Advisory Practice, Kept. Topic: Methodology for Calculating the Volume of Actually Earned Advance Payments.
Valentin Yurchik, Counsel, ELWI. Topic: Refund of advance payments and recovery of costs for violation of EPC contracts from foreign contractors.
Key topics:
Refund of advance payments and recovery of costs for violation of EPC contracts from foreign contractors.
Application of international standards in the assessment of losses in construction.
Inflation and construction contracts: Inflation accounting in determining work fee and costs, mechanisms to protect against inflationary risks.
04:00 PM –
04:30 PM
Coffee break
Special session
04:30 PM – 06:15 PM
Round Tables
Block I: Arbitration and Dispute Resolution: New Challenges in Construction
1. Advantages of Resolving Construction Disputes Through Arbitration
Discussion Points:
The impact of national legislation on the ability to refer all aspects of a dispute to arbitration.
"Economics" and Rapidity: Is there competition between state courts and arbitration at the construction contract drafting stage?
Practical advantages of arbitration regarding the handling of complex construction disputes.
2. Multiple Parties in Construction Disputes
Discussion Points:
Peculiarities of existing procedural mechanisms for disputes involving multiple participants.
Practical challenges of conducting proceedings with multiple participants: balancing due process and efficiency.
Synchronization of dispute resolution clauses in related contracts.
Block II: Artificial Intelligence and the Construction Industry
1. Legal and Ethical Aspects of AI Implementation
Discussion Points:
Liability for AI errors.
The use of modern technologies to manage a large volume of technical documentation.
The role of AI and technologies in expert analysis in construction disputes.
2. Artificial Intelligence in Construction
Discussion Points:
AI-assisted design and planning of construction projects.
The use of robotics in construction.
BIM (Building Information Modeling) technologies in construction.
Block III: Project Financing in Construction
1. Funding Shortages and Rising Interest Rates
Discussion Points:
High interest rates – increased loan costs for developers, reduced mortgage affordability for buyers.
Stricter bank requirements – reduced project financing limits, demands for larger equity contributions.
Investor confidence crisis – declining interest in shared-equity construction after developer bankruptcies.
2. Changes in Payment Schemes and Non-Payment Risks
Discussion Points:
Moving away from Federal Law No. 214 (escrow accounts) and adopting new models – impact on developers' cash flow, increased need for borrowed funds.
Payment delays from equity holders and investors – rising accounts receivable, cash flow gaps.
Payment issues with contractors (delays due to liquidity shortages).
Block IV: Green Policy in Construction
Discussion Points:
Preferential lending for sustainable projects.
Assessing climate risks in construction.
ESG standards in construction: How to measure and implement them.
Environmental certifications: LEED, BREEAM, WELL.
Carbon footprint over a building's lifecycle: Construction materials production, construction works, and operation.
Innovative "green" materials: Recycled materials, low-carbon materials, materials that help reduce carbon footprint.
The organizer reserves the right to make changes to the program
Our speakers
Ilya Zharsky
Managing Partner, Expert Group Veta
Vladimir Pestrikov
Partner, Lawyer, Dyakin, Gortsunyan & Partners
Arman Ginoyan
Head of Large Projects Practice, Gazpromneft Expert Solutions