CCCDR2023 Conference on Construction Contracts and Dispute Resolutions – Changes and Variations

  • CCCDR2023 Conference on Construction Contracts and Dispute Resolutions – Changes and Variations
  • Events

SPEAKER

SPONSORS

Conference on Construction Contracts and Dispute Resolutions is annual conference of the Society of Construction Law – Viet Nam (SCLVN).

Topic of CCCDR2023 is Changes and Variations.

Time: Friday 13/October/2023 , 8:00 – 17:00

Venue: Floor 10th, Hochiminh city University of Law, 02 Nguyen Tat Thanh street, District 4, Hochiminh city, Vietnam

Organizers: Society of Construction Law – Viet Nam (SCLVN)

SPONSORS

  • Gold Sponsors
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  • Silver Sponsors

                       CNC Counsel

Morning
Changes and Variations: Experiences from Vietnamese Experts
08:00 - 08:30 Registration
08:30 - 08:45 Welcome speeches
08:45- 10:00 Panel A: Main causes and management of changes and variations in construction projects in Vietnam
Speaker: LINH HUYNH
Legal Director at Structon Group
Speaker: THINH VU
Associate, LNT & Partners
Speaker: THAO NGUYEN
Associate at YKVN
Moderator: TUNG TRAN
Senior Associate at CNC Counsel Law Firm
10:00 - 10:15 Tea Break
10:15- 11:30 Panel B: Evaluation of variations in construction projects -- Vietnamese Practitioners' perspectives
Speaker: LONG NGUYEN
Chairman cum Managing Director of VinaQS
Speaker: KHOA TRAN
Operations Director at DLS Consultant (formerly Arcadis Vietnam/Langdon Seah/DLS)
Speaker: QUAN LUU
Assistant Manager (Cost and Contract) at CapitaLand
Moderator: CAROLINE NGUYEN
Managing Director of EPICOS Vietnam LLC
11:45 - 13:00 Lunch
Afternoon
Changes and Variations: Experiences from International Experts
13:00- 14:15 Panel C - Variation in construction projects in Vietnam - opinions from expats
Speaker : JULIEN BERGERAT
Member of the Management Committee, General Counsel and Company Secretary in PRefChem
In-house perspectives: lessons learnt on a complex oil and gas project
Speaker: KYUNGSUP KRIS KIM
Partner at Lee & Ko Vietnam
Speaker: CHRISTOPHE COUGNAUD
Of Counsel at APFL & Partners Legal Vietnam LLC
Moderator: JUAN CARLOS VELASCO
Commercial Director at Atlas Industries
14:15-15:30 Panel D : Dealing with Changes and Variations in International Construction Contracts
Speaker: Dr. GÖTZ-SEBASTIAN HÖK
Senior partner of Dr. Hök, Stieglmeier & Kollegen; FIDIC President´s List of Adjudicator,
Speaker: FRÉDÉRIC GILLION
Partner at Pinsent Masons LLP
Speaker: DIDIER GUYNET
Principal Procurement Specialist at Asian Development Bank
Variation from ADB's perspective
Moderator: JOHN SHENTON
Regional Contract Manager – GCC for Averda
15:30 - 15:45 Tea Break
15:45 - 17:00 Panel E: Evaluation of Changes and Variations in Construction Projects: Experience from International Experts
Speaker: SANJEEVI JAYACHANDRAN
Head of Commercial & Contracts for Voltas International Operations Business Group (UAE)
Speaker: AMIT GARG
Managing Director and head of APAC operations at Secretariat
Speaker: MATTHEW FINN
Senior Managing Director at ANKURA
Moderator: FABIAN LIM
Associate Director - Construction Advisory at J.S. Held Singapore Pte. Ltd.
17:00 - 17:15 Closing Remarks
Register

Link for tickets: https://bit.ly/sclvn-cccdr2023-evenbrite

Linh Huynh is a highly accomplished legal professional with a wealth of experience in the real estate and construction industries. As the Legal Director at Structon Group, he offers expert guidance in the areas of real estate investment, construction, M&A, contract consultancy and dispute prevention. Among his many achievements is his leadership and participation in tender and contract management for construction projects across various fields, with an accumulated value of up to one billion USD. In addition to his professional achievements, Linh is also a FIDIC certified contract manager, demonstrating his commitment to excellence in the field. Linh’s exceptional operational acumen and legal expertise make an invaluable contribution to any client seeking top-tier construction contract and legal services.

Vu Thi Thinh is senior associate of LNT&Partners with over 5 years of experience working at the Hanoi branch and LNT (Singapore). While working at LNT, she participated in contract advising and represented domestic and international Employers, as well as the Contractors in dispute resolution at international arbitration centre (VIAC, SIAC, ICC) in relation with construction, infrastructure and energy projects.

Thu Thao graduated from Hanoi Law University (LLB) in 2011 and got her LLM from School of Law- Hanoi National University in 2014. Lawyer Thao is currently an associate of YKVN law firm. Thao has experience advising legal issues and resolving disputes specializing in a number of major fields such as construction, real estate, insurance, banking, and M&A. Typical cases in which Thao participated include: (i) protecting the client who is a real estate investor before the court in the banking case in 2020; (ii) protecting the foreign contractors in construction disputes with the Employers in Hanoi; and (iii) protecting clients who are joint stock commercial banks, insurance corporations, and state-owned corporations in resolving disputes with their partners.

Tung is a Senior Associate of CNC Counsel with many years of legal practice experience in construction and real estate.
Before joining CNC, Tung practiced as an in-house lawyer at Novaland Group – one of the leading real estate investors in Vietnam and as an in-house lawyer at Hoa Binh Construction Group – one of the largest construction contractor in Vietnam. Tung has many years of experience in drafting, negotiating and managing FIDIC contracts, as well as in legal advice for large-scale construction projects, including infrastructure project in Vietnam such as airport, metro and highway project. He also regularly participating in sharing knowledge and experience of FIDIC contracts to practitioners in Vietnam.
Tung has co-authored the chapter FIDIC Application in Vietnam in the Construction Law International magazine of the International Bar Association (IBA). He also a member of the Society Construction Law of Vietnam (SCLVN).
Besides LLB from University of Economics and Law – Vietnam National University, Ho Chi Minh City, Tung has Bachelor of Finance from University of Economics Ho Chi Minh City.

Based on a strong background of construction-oriented professional achievements and over 20 years of experience in the local market in Vietnam, Long Nguyen is now a construction tender and contract expert and involves in day-to-day management of co-founded VinaQS Company Limited after jointly developing it to a USD-million-revenue QS consultant in Vietnam.

In 2005, he started his consultancy profession with being the lead QS under Davis Langdon & Seah Vietnam, one of the first international QS firms in Vietnam at that time, and gradually raised to the Assistant Director by the time he left in 2011. During this time, he has taken on full QS multi-tasking activities throughout the whole project development from concept design to final account of construction works. Moving on in 2012, he joined Turner & Townsend for 2 years in the role of senior cost and project managing various projects from not only well-known international blue-chip clients but also difficult and very demanding local ones. By 2014, he finally settled with VinaQS practicing international Quantity Surveying / Cost Management service in both local and international markets.

His expertise is mainly cost planning, procurement analysis, contract advisory, dispute prevention and mediation as well as providing comprehensive and thorough data on Vietnam market.

Mr. Khoa, graduated in Civil Engineer and Master Engineering in construction management from HCMC University of Technology, currently serves as the Operations Director at DLS Consultant (formerly Arcadis Vietnam/Langdon Seah/DLS). DLS Consultant, known as one of the largest firm specializing Construction Cost Consultancy, having a long-established history in Vietnam, is recognized as one of market leading specialist in Vietnam, offering extensive experience in cost management, procurement strategy, tender process and contract for construction projects from conceptual design to completion of construction.
With over 22 years of experience in the construction industry, including more than 14 years in the role of tender, cost and contract management consultant at DLS Consultant, Mr. Khoa has been involved in numerous large-scale projects in the Vietnamese and Cambodian markets. Furthermore, he has been a trainer for FIDIC Contracts courses at the Bim Lab Center, HCMC University of Technology.

Luu Hoang Quan is a highly skilled project and commercial management professional working in the Construction & Real estate industry, with nearly 10 years of experience in various key roles in foreign corporations from both the Main Contractor to the Employer side, with practical experience focus on the Hospitality, Commercial, and Residential sectors.
Mr. Quan currently holds the position of Assistant Manager – Cost & Contract Management department at CapitaLand Development (Vietnam). As a professional, Mr. Quan holds globally recognized professional credentials, including FIDIC® Certified Contract Manager (FCCM) and Project Management Professional (PMP), which warrant and highlight his proficiency in both project and commercial management aspects.
Mr. Quan’s extensive knowledge, expertise, and skills enable him to effectively manage different phases of the project lifecycle. His strong problem-solving, numerical, communication, and negotiation skills also ensure that he provides top-quality results. These attributes have contributed to the success of various projects across both North and South Vietnam which he participated in during his career.

A legal counsel and contract management practitioner with 15 years of hands-on project delivery experience in commercial & contracts management, project control, and dispute resolution in multiple scales and sectors of construction projects (oil & gas, jetty, airport, renewable energy, hospitality) for the EPC Contractors, Project Management & Construction Supervision Consultant, and Project Owners in Vietnam and Asia.

Julien is General Counsel and Company Secretary with a demonstrated history of working in the energy and construction industries, skilled in Contract Law, Project Finance, Disputes Resolution including Arbitration, Corporate Law and Compliance.

As a Qualified English solicitor and French attorney, he has become a global leader used to work within diverse and multicultural environments. His agility and inclination for new challenges have led him to provide his CEOs with advice outside the traditional legal field and to play an active role in the decision making process as member of the Management Committee.

Julien was General Counsel and Compliance Chief Officer at Nghi Son Refinery and Petrochemical Limited Liability Company from 2019-2022.

He is currently Member of the Management Committee, General Counsel and Company Secretary in PRefChem (Malaysia).

Kyungsup Kris Kim is a U.S. licensed attorney specializing in foreign investment and international transactions & disputes. Currently based in Hanoi as a partner for Lee & Ko Vietnam.
A graduate of Seoul National University with BS and MS in Engineering respectively in Earth Sciences and Petroleum Engineering, he earned his Juris Doctor degree in 2003 from University of Texas – Austin following his MPP degree from University of Chicago. After works in U.S., he continued his legal career in Korea at Logos Law LLC as associate and later partner.
Prior to joining Lee & Ko Vietnam, he directed Logos Vietnam since he moved to Vietnam in 2017. His experience as a legal professional in Vietnam includes successfully representing clients in a wide range of transactions and dispute resolutions via representation in arbitrations at Vietnam International Arbitration Center and other legal proceedings.
In Vietnam Mr. Kim serves as legal advisor to Consulate Offices of Korea in Ho Chi Minh City and Da Nang in addition to delegate to Investment & Trade Working Group of Vietnam Business Forum representing Korea Chamber of Business in Vietnam since 2020. He also taught graduate courses on international construction contracts, disputes & resolution at International School of Urban Sciences, University of Seoul as an adjunct professor from 2014 until 2017.

Christophe is a French attorney, and a member of the Paris Bar.
After practicing for more than 10 years in major British and French law firms in France, he joined APFL & Partners Legal Vietnam LLC in 2019, as Of Counsel.
In Vietnam, he handles all aspects of contractual work on international construction projects, across a wide range of industry sectors including wastewater treatment plants and bridges and, especially, in rail transport. His main practice areas also include risks analysis and alternative dispute resolution.
Over the last 4 years, Christophe has advised different stakeholders on the 3 Metro line projects in Vietnam (Hanoi and Ho Chi Minh City).

Juan Carlos (JC) is originally from Spain and is the Commercial Director of Atlas Industries since early 2021. Atlas is an architecture and engineering BIM modelling company supporting projects and clients globally from the operations centre in Vietnam.
Juan Carlos is an RICS qualified Chartered Surveyor specialised in construction contracts & claims with a professional background in project management and quantity surveying. His professional experience in the construction industry spans over 30 years in Europe and Vietnam, in the developer, consultant and contractor roles, which has given him a unique perspective of all parties involved and equipped him with a good balance of skills and knowledge in the technical and contractual aspects of the construction process.
He is Chartered Surveyor and a member of the Spanish Professional Association of Surveyors. JC is an RICS APC panel chairperson and assessor evaluating candidates for chartered membership of the institution in the APAC region.

Dr. Götz-Sebastian Hök graduated in Law from Göttingen University and is a German solicitor registered at the Berlin Bar. He has extensive international project and commercial experience gained while working in Europe, the Middle East, Africa and Asia. For the past 30 years he has been partner and senior partner of Dr. Hök, Stieglmeier & Kollegen.
Dr. Hök is acting as arbitrator, FIDIC adjudicator, mediator, court expert and legal counsel and since 2006 also a fully accredited FIDIC trainer.Since 2009 he is a FIDIC listed Adjudicator (President´s List).

He is member of the German FIDIC Dispute Adjudication Assessment Panel, the Japanese and the Tanzanian FIDIC Dispute Adjudication Assessment Panel and is the former past Chairman of the FIDIC Trainer Assessment Panel (2011-2016).

Dr. Hök is a co-author of the book FIDIC for Practitioners. He was a friendly reviewer of the FIDIC Gold Book, the FIDIC Updates, and the FIDIC Subcontract form and acting as the legal advisor of FIDIC TGs 9 (Subcontract D&B), 11 (ODB – Operate Design and Build), and 22 (EPCM).

He is a lecturer at Leuphana University in Germany and has also lectured at Southeast University at Nanjing, Freie Universität Berlin and Universität Marburg. Currently he is the director of the Leuphana University certified “International Contract Administration Engineer” programme. Currently he is the director of the Leuphana University certified “International Contract Administration Engineer” programme.

Frédéric is a partner within Pinsent Masons’ Construction Advisory & Disputes team, based in Singapore. Over his 20-year long career, he has advised on all aspects of construction projects, including in Dispute Board (DB), expertise and arbitration proceedings, and provided legal support on live construction projects in a wide range of construction sectors, including general infrastructure, transport, water and wastewater, and energy.
Frédéric is dually qualified (Solicitor in England and Wales /Avocat Paris Bar) and has extensive experience of Dispute Board proceedings both as counsel and DB member. Frédéric is a Certified FIDIC Adjudicator, member of the FIDIC President’s List and the French list of FIDIC adjudicators. He is also a member of the list of adjudicators of the Cairo Regional Centre for International Commercial Arbitration (CRCICA).

Frédéric is a lecturer on the MBE (Master in Business Engineering) course in international construction law at the University of Stuttgart, and on the Master’s Degree in International Construction Contracts at Paris II-Assas. He is a regular speaker at conferences organised by the ICC and FIDIC and contributes to the International Construction Law Review.

Didier GUYNET joined ADB in 2017 and is now a principal procurement specialist. He has been provided support to large infrastructure projects in the transport and energy sectors.

Before joining the Bank, he had more than 20 years of experience in contract management in the construction engineering industry, through a wide spectrum of infrastructure and building projects across four continents. He is a FIDIC accredited adjudicator on the French List (Syntec Ingénierie) and FIDIC accredited trainer since 2014.

John Shenton is Chair of the Dubai Hub for the CIOB and Regional Contract Manager – GCC for Averda. John is a Chartered Construction Manager and a Fellow of the Chartered Institute of Arbitrators with fifteen years of experience in the UK and EMEA in the management of prime contracts, subcontracts, and consultancy service agreements for the development of built assets. John holds a Master of Laws from Paris-Descartes and Sorbonne Abu Dhabi, a Master of Business Engineering from Stuttgart, and various professional memberships. The University of Stuttgart published John’s research into the cross-border finance of infrastructure projects in 2019. John volunteers his spare time to mentor candidates seeking to achieve chartered status through the CIOB’s ‘Professional Review’ process.

Sanjeevi Jayachandran-Commercial Manager at VOLTAS-MEP {Dubai}, {UAE}, June 22, {2020} (Photo by Efraim Evidor/ITP Images);23-06-2021 Sanjeevi Jayachandran- MEP

Sanjeevi has background in Mechanical Engineering with additional qualification in international construction law and arbitration and has experience of 20 years in Gulf Countries
Sanjeevi is Fellow of the Chartered Institute of Arbitrators, FIDIC Certified Contracts Manager, RICS Accredited Evaluative Mediator, RICS Qualified Independent Expert Determiner.

He hands on Experience in Project Planning/Scheduling, Delay Analysis, Variations and preparation of Claims based on contractual entitlements. Have involved in negotiation and conclusion of Contract Agreements with the Employer, Subcontract Agreements with the Supply Chain and Project Final Accounts both at the
upstream and downstream.

His projects include District Cooling Plants, High Rise Towers, Commercial Buildings, Airport Expansion, Exhibition Centre, Theme parks, Hotels, M&E installations in Tunnels and Industrial buildings.

Mr. Garg is Managing Director of Secretariat’s Asia-Pacific operations. He specializes in construction disputes and has extensive experience in performing delay analysis, measuring productivity, and reviewing project delivery systems. His experience ranges across a wide range of large and complex projects, with a particular focus on oil & gas, energy and transportation projects.

As part of these engagements, Mr. Garg has testified on numerous occasions in arbitrations under the rules of ICC, ICSID, AAA, DIAC, DIFC, HKIAC, SIAC, ADCCAC, AIAC, PAM, and ad hoc arbitrations, in various jurisdictions across the world. He has been consistently named as “Global Elite Thought Leader” by Who’s Who Legal (WWL).

Mr. Garg has completed the executive management programme at Harvard Business School. He has a master’s degree in engineering from Pennsylvania State University and a bachelor’s degree from Indian Institute of Technology, India.

Matthew Finn is a Senior Managing Director at Ankura based in London. He is regularly appointed as an expert witness in the field of quantum (damages) in energy, infrastructure and construction matters. He has given oral evidence in UK litigation and in many high-value international arbitrations (up to $5bn disputes) on many occasions under both traditional cross-examination and under concurrent evidence commonly known as ‘hot tubbing’.

Matthew has submitted over 100 quantum expert reports in litigation and international arbitration (ICC, SIAC, UNCITRAL, LCIA, SCC and PCA), as well as acted in matters in mediation and adjudication. Matthew has been recognised in Who’s Who Legal in Arbitration, Quantum and Delay, and Construction chapters in publications in 2018 – 2023. He was the sole winner of the Arbitration Expert Witness at Lexology’s Client Choice Awards 2021.
Matthew is regularly appointed by counsel within Asia and was recently appointed on behalf of a Vietnam government company on the largest dispute referred to SIAC relating to a large power project in Vietnam.

Fabian’s expertise includes providing construction claims consultancy services and assisting clients with preparing and/or reviewing quantum related claims. He regularly assists with quantum expert witness work on contentious matters and is experienced in working on high-value and complex arbitration and litigation proceedings. His project experience spans across a variety of sectors including oil and gas, energy, infrastructure and buildings. Fabian is presently a committee member of the SIArb Young Professionals Network.