BonelliErede’s panel event on Construction Arbitration in the Middle East

BonelliErede hosted lawyers and clients at a panel event, ‘Construction arbitration in the Middle East: a comparison between common law and civil law cases’, held last week during Dubai Arbitration Week and led by Andrea Carlevaris, partner and co-head of International Arbitration at BonelliErede; Richard Samuel, partner and barrister at BonelliErede and Michael Barry, CEO of Khiebra LLC., and moderated by associate Letizia Santin. Managing associate Michela D’Avino delivered closing remarks.

Andrea Carlevaris is the former secretary general of the ICC Court of Arbitration and Director of the ICC Disputes on Services. He has served as a member of the ICC Court of International Arbitration. BonelliErede has held a strong presence in the heart of Dubai’s financial centre since 2017.  Both Andrea Carlevaris and Dubai managing partner Marco De Leo have extensive experience in advising clients on Construction Disputes in Dubai and the Middle East.

The session explored the strategic aspects of choosing between civil law and common law applicable laws, and the competitive advantages each provides. The speakers focused on practical examples arising in construction projects. They discussed topics including the importance of recitals in contracts, delays and the wording of construction contracts to be used to avoid costly and disruptive disputes arising later in the construction process.

Other topics included sealed or Calderbank settlement proposals, which allows parties to engage in confidential negotiations which can’t be used against them in court or arbitration, save as for the purpose of allocating costs; time at large, when a contractor proceeds with the works in the absence of a completion date; and the challenges posed by concurrent liability.

Andrea Carlevaris commented, “We were very happy to lead this discussion into construction disputes in the region and how arbitration can play an important role in helping parties reach a successful resolution.”

Dubai managing partner Marco De Leo commented, “Construction arbitration is a key focus for our firm, and we take great pride in having guided clients through a diverse range of international disputes. As the region continues to grow, we look forward to further supporting clients who already have a presence or are planning to enter the Middle East.”