IBA Annual Conference Mexico City 2024

15 Sep - 20 Sep 2024

PALACIO DE CANAL 9, LEVEL E1

Session information

Mediation for construction disputes: is it successful? What does it take?

Tuesday 17 September (1115 - 1230)

PALACIO DE CANAL 9, LEVEL E1

Committee(s)

Mediation Committee (Lead)
International Construction Projects Committee

Description

Building, construction and infrastructure disputes have a long history of utilising arbitral tribunals and judicial courts to resolve disputes. Disputes may have huge monetary impacts on investors, developers, contractors,  and insurers. Problems with delivering on contracts, breaches of terms and the halting of projects have been endemic features of the construction industry in many jurisdictions. Dispute resolution clauses in construction contracts increasingly tend to include a tiered approach to dispute management in order to reduce the costs of fully blown proceedings. 

How does negotiation and mediation can assist in the management of disputes arising out of construction contracts?  Let’s talk about these options to bring the construction contracts in on time and within budget. The use of independent mediators throughout the entire construction project: is it a solution to appoint mediators at the commencement of the project to be available every time there is an issue until completion of the works? What are the advantages and peculiarities of mediation in the construction industry?

Session / Workshop Chair(s)

Virginie Colaiuta LMS Legal, London, England; Co-Chair, International Construction Projects Committee
Jalal El Ahdab Bird & Bird, Paris, France

Speakers

Cecilia Azar Galicia, Mexico City, Mexico
Eric Franco ENGIE, Lima, Peru; ICP Deputy Committee Editor, International Construction Projects Committee
Hermann Knott KUNZ RECHTSANWÄLTE, Cologne, Germany; CDRC Liaison Officer, Mediation Committee
Mian Sheraz Javaid MK Consultus LLP, Lahore, Pakistan