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


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Morning

From Vietnamese Experts

09:00- 09:50 Panel 1: Main causes of variations in construction projects in Vietnam
Speaker: Dr. HAI DINH
Lecturer at Hanoi Architectural University
Speaker: THAO NGUYEN
Associate at YKVN
Speaker: Dr.NGUYEN VAN HIEP
VIAC Arbitrator
09:50- 10:40 Panel 2: Prevention of variations - experiences from Parties in Construction Projects in Vietnam
Speaker: QUAN LUU
Assistant Manager (Cost and Contract) at CapitaLand
Speaker: LINH HUYNH
Legal Director at Structon Group
Speaker: BAC THUY
VIAC Arbitrator, Head of Investment Economics and Construction Contracts- Construction Economic Agency - Ministry of Construction
11:10-12:00 Panel 3: Evaluation of variations in construction projects -- Vietnamese Practitioners' perspectives
Speaker: LONG NGUYEN
Chairman cum Managing Director of VinaQS

Afternoon

International Experts

13:30- 14:20 Panel 4 - Variation in construction projects in Vietnam - opinions from expats
Speaker : JULIEN BERGERAT
Member of the Management Committee, General Counsel and Company Secretary in PRefChem
14:20-15:10 Panel 5 : 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
15:30 - 16:20 Panel 6: Evaluation of Changes and Variations in Construction Projects: Experience from International Experts
Speaker: SANJEEVI JAVACHANDRAN
Head of Commercial & Contracts for Voltas International Operations Business Group (UAE)
Speaker: CHRISTIAN SWIFT
Managing Director at Plus 3
Speaker: AMIT GARG
Managing Director and head of APAC operations at Secretariat
Moderator: FABIAN LIM
Associate Director - Construction Advisory at J.S. Held Singapore Pte. Ltd.
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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.

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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.

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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.

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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.

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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).

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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.

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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.

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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.

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Christian is an experienced quantity surveyor with over 23 years’ experience working on major international building and civil engineering projects in the UK, Middle East, South East Asia and Australasia.

Christian has particular expertise in dispute resolution through the preparation and defense of notices of contractual claims, interim particulars and submission of full and detailed particulars under various forms of contract for extensions of time, prolongation, acceleration and disruption claims.

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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.

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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.