Forum focuses on dispute resolution in Middle East

Muscat: The key issues to consider when selecting dispute adjudication boards/arbitration tribunals and challenging arbitral awards in the Sultanate were in focus at a recent seminar.
With 130 participants from government companies and institutions, the seminar shed light on the latest developments in the FIDIC forms of contract and on using independent expert witnesses to resolve construction disputes.
FIDIC is a French acronym for Fédération Internationale Des Ingénieurs-Conseils, which means the International Federation of Consulting Engineers. The third “FIDIC Contracts, Dispute Resolution in the Middle East and International Arbitration” annual seminar was organised here on Sunday by White and Case in cooperation with the Ministry of Transport and Communications.
The seminar discussed investment arbitration and construction contracts, claims management, assessing delay, disruption and prolongation of a construction project and arbitration trends in the Middle East.
Ellis Baker, senior partner at White and Case and lead author of “FIDIC Contracts: Law and Practice”, an authoritative textbook, highlighted some of the key changes in the newly released FIDIC contracts.
Julian Bailey, partner at White and Case and the author of “Construction Law”, shed light on the critical role of an independent expert in resolving construction disputes. Bailey was the former Chairman of the Society of Construction Law in the UK and an Adjunct Professor of Law at Hamad bin Khalifa University in Doha.
Cameron Cuffe and Sarah Kelly, both senior associates at White and Case, shared key issues to consider when selecting dispute adjudication board members and arbitration tribunals based on the underlying construction dispute.
Mohammed Al Balushi, partner at White and Case, explained the circumstances under which an arbitral award can be challenged in the Sultanate in accordance with the Omani Law of Arbitration in civil and commercial disputes. He also shared with participants the stance of the Omani judiciary in this regard.
Verena Gross, senior associate at White and Case, explained where a construction dispute could give rise to a claim under an investment treaty and where a foreign investor was entitled to make a claim. Oman has signed over 30 bilateral investment treaties with different states.
Luka Kristovic Blazevic, counsel at White and Case, focused on assessing delay, disruption and prolongation on a construction project, and how contracts influenced the assessment of these types of common claims.
There were two panel discussions during the seminar.
Michael Turrini, a partner at White and Case, chaired the first panel session that focused on the area of “claims management” and how best to undertake this in the Middle East.
The second panel discussion, led by Baker, shed light on the latest arbitration trends in the Middle East, including institutional arbitration. The panel also considered the long history of arbitration in Oman and whether or not Oman was in need of an arbitration institution/centre.