Middle East Contract Management Conference

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ber 2 to c O 5 2 4 2  Dubai Top 5 reasons to attend

Damian Wilkinson, Director, Hill International, Qatar

 BRAND NEW workshops and time critical presentations  LEARN best practices  MULTIPLE

networking opportunities  BENCHMARK

with industry peers  UPDATE

on contract law

PLUS don’t miss key contributions from:

Satender Sharma Director, Commercial Petrofac International Limited, UAE

Elena Denkovska, Legal Counsel, Nakheel PJSC, UAE Saleh A. Hassoubah, Contracts, Purchasing & Warehouse Manager, Saudi Aramco Mobil Refinery Co. Ltd., KSA Dr. Lee Celand, Legal Director, Omniyat Investments & Management, UAE Dr. Ahmed Fathi Waly, Assistant Professor, Helwan University, and Contract Administration Consultant, WALY – Arbitration & Contract Administration Firm, Egypt Farouq A. Al Hefnawi, Group Director – Legal, ITS, Kuwait Frank Leech, Project Director, Taisei Corporation, UAE Alaa Samman, Director General of Business Development and Property Management, General Authority of Civil Aviation, KSA

Nabil Abbas General Manager Abbas Architects & Construction Consultants, KSA

Key Topics: U ncertainty In The Middle East And North Africa: Contract Management Issues That Need To Be Considered E xecution Of Contracts: Getting It Right! D eveloping A Sound Contracting Strategy To Ensure Successful Negotiation Of Contracts E ffective And Efficient Dispute Resolution: Avoiding, Managing And Resolving Disputes To Successfully Manage Relationships

David McElveney Partner – Middle East Projects & Construction Group Clyde & Co LLP, UAE

C ommunicating Contracts: Reaching Predictable Results And Preventing Surprises O ptimal Contractual Bidding And Evaluation Of Proposals To Achieve The Best Results For Your Business

Enhance your learning experience by attending our power-packed pre and post forum workshops.

Official Media Partner:

Turn to pages 6 & 7 for more information.

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Welcome to the Middle East Contract Management Conference

Dear Contract Professional, The Middle East Contract Management Conference, will be held in Dubai from 24-25 October 2011.

Creating and managing contracts not only depends on a complete understanding of the business requirements and business needs, but also on the ongoing administration of that contract. It can significantly influence a business’ budget, operations, customer service and public image. The Middle East Contract Management Conference aims to secure more case studies and best practice solutions to the ever changing and intricate world of contracts.

The Middle East Contract Management Conference will have a power packed agenda featuring the top businesses in the region. Whether you are interested in understanding how the civil unrest in the region can affect your company’s contracts, learning more about risk management and contracting strategy or simply want an opportunity to network with industry leaders and your peers, then this conference is your chance to get closer to the people with the knowledge and experience to help you develop the best contract management process for your company.

If you would like to benchmark, learn and network with your peers at the Middle East Contract Management Conference, register now at www.iirme.com/contract, e-mail register@iirme.com, or call us on +971 (0)4 335 2437.

I look forward to meeting you in Doha.

Best Regards, Hannah Chia Conference Director P.S. Register by 31 July to SAVE up to US$ 2,585!

P.P.S. Don’t forget to book your place on THREE highly informative workshops!

NEW for 2011:  Breakout Sessions – IT, Oil and Gas, Construction

 More regional examples and speakers

 Meeting Accelerator

 Take back more practical tools for contract

 Speaker-Hosted Lunch Tables

management  Brand new workshops and time critical presentations

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Who you will meet:

(*based on the delegate attendance from the past two conferences)

Previous Attendees include: Abu Dhabi Aircraft Technologies Abu Dhabi Executive Council Abu Dhabi Polymers ADCO Al Ghurair Contracting & Eng Works Capital Market Authority Corus Middle East FZC. Department of Municipality and Agriculture Dolphin Energy Dubai Customs World Economic Zones World Etihad Etisalat International Turnkey Systems Kuwait Gulf Oil Kuwait Petroleum MIC2 Nakheel PJSC. Nama Chemicals Qatar Foundation Qatar General Electricity & Water Qatari Diar Real Estate Investment RasGas Company SABIC Safer Exploration & Production Operations Saudi Telecom SGS Total Tractebel Emirates O & M

Do You Want To Showcase Your Services To Companies Attending Contract Management 2011?

Your best chance to boost your business amongst the region’s businesses this year!

Contact us and find out why the Middle East Contract Management Conference should be an integral part of your marketing plan for 2011.

As conference experts, we know how best to use events to generate leads, exposure and ROI for our clients. We can tailor sponsorship packages specific to your needs.

Call Arshed Hussain on +971 (0) 4 336 5161 or email sponsorship@iirme.com

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Conference Day One Monday 24 October 2011 Registration And Coffee

08.50

Opening Remarks From the Chair

09.00

Opening Keynote Address Uncertainty In The Middle East And North Africa: Contract Management Issues That Need To Be Considered The civil unrest across the Middle East and North Africa will inevitably lead to close scrutiny of relevant provisions in project documentation, whether a contractor, developer, lender or Government party. Many contracts will not represent an exhaustive template for the resolution of issues resulting from the very different sets of circumstances coming out of those countries. This session will highlight what contract managers are focusing on during these uncertain times.

• Relevant force majeure provisions if project performance is prevented or inhibited

• The remedies available under general law in the relevant circumstances

• Stabilisation or adaption provisions that may offer protection to foreign investors

• Knock for knock indemnities in relation to property and people

• Legal and practical realities of regime change David McElveney, Partner – Middle East Projects & Construction Group, Clyde & Co LLP, UAE 09.45

Contract Risk Management: Minimising Risk, Fault, Loss And Damages In Construction Contracts All organisations want to limit their exposure under contracts. This session will provide you with the tools to safeguard your organisation’s liability by understanding how to best: • Implement appropriate measures to minimise adverse influence on fulfilment of a contract • Safeguard the interests of all parties privy to the contract • Ensure that liability is efficiently resolved through clarity of contracts This session will include: • An understanding of Risk and the Impact of Risk in the Contract / Project Life Cycle • Allocation of Risk in Procurement and Contracts • An understanding of the Key Principles and Benefits of Effective Risk Management Damian Wilkinson, Director, Hill International, Qatar 10.30

Networking And Refreshment Break

11.00 The Contract Management Life Cycle: People Management, Not Process Management • Ensuring appropriate stakeholder management through the different phases of the cycle • Seizing opportunities and mitigating risk by having competent and professional human resources • Addressing the strategic dimension of developing and retaining contract professionals • Continuous Professional Development (CPD) as the main value driver for success

Wael Safwat, Manager, Contracts, ENOC, UAE 11.45

Developing A Sound Contracting Strategy To Ensure Successful Negotiation Of Contracts Identifying, adapting and applying the right kind of contract by: • Thinking about how you are going to negotiate a contract to get the most cost effective and efficient contract for your organisation • Considering likely results to identify and eradicate possible problems • Using lessons learnt from past contracts to set a strategy Satender Sharma, Director, Commercial, Petrofac International Limited, UAE

12.30 Meeting Accelerator An opportunity for all delegates to meet and network in a rapid and structured networking session – a mustattend session!

13.00 Speaker-Hosted Lunch Tables The lunch session will feature topic tables facilitated by the speakers at the Middle East Contract Management Conference. Delegates will be able to choose the topic and table of their choice.

14.00 Execution Of Contracts: Getting It Right!

Having negotiated and finalised the terms of a contract, it is imperative that all that hard work (and money) does not go to waste by ensuring that a contract is executed properly and therefore, is binding on the parties. Issues covered will include:

• Execution by companies

• Execution by foreign companies

• Execution other than by companies

• Powers of attorney Dr. Lee Celand, Legal Director, Omniyat Investments & Management, UAE 14.45

anaging Change: Ensuring That Change Is Managed M Effectively To Successfully Implement A Contract Change is sometimes unavoidable, especially in longterm contracts. A party may request for a change to a contract as a result of new or altered requirements. As such, contracts should have clearly defined procedures for effective change control management that does not adversely affect the outcome of the contract.

• Developing a flexible contract that allows for change

• Ensuring that all changes and variations to a contract are subject to proper control and authorisation

• Governance procedures to encourage open communication

• Avoiding extended time delays that might affect a project Dr. Ahmed Fathi Waly, Assistant Professor, Helwan University, and Contract Administration Consultant, WALY – Arbitration & Contract Administration Firm, Egypt 15.30

16.00 Understanding The Role Of Procurement In Contract

Management To Ensure The Best Value For Your Business • What is Procurement?

• Procurement Manager vs. Contract Manager • How Procurement adds calue to Contract Management Sam Achampong, Procurement Advisor, Municipality of Abu Dhabi City, UAE 16.45 An A To Z Guide To Contract Law In The GCC This session will provide delegates with an understanding of the different legal systems, guidelines and practices in place across the GCC.

• Overview of contract law in the GCC

- Mandatory elements of a legally enforceable contract

- Terms and conditions

- Remedies

- Interpreting contract provisions

• Country-specific information

- Qatar

- UAE

- KSA David McElveney, Partner – Middle East Projects & Construction Group, Clyde & Co LLP, UAE Dr. Lee Celand, Legal Director, Omniyat Investments & Management, UAE Elena Denkovska, Legal Counsel, Nakheel PJSC, UAE Dr. AbdelGadir Warsama Ghalib, Senior Legal Advisor & Senior Manager Legal Department, Bank of Bahrain & Kuwait, Bahrain 16.45

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Networking And Refreshment Break

Panel Discussion

08.30

Closing Remarks And End Of Day One

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Conference Day Two Tuesday 25 October 2011 Registration And Coffee

08.50

Opening Remarks From The Chair

Medinah Airport PPP Project • General Authority of Civil Aviation’s previous PPP experience and successfully completed PPP projects

• Medinah project due diligence conducted by GACA and IFC

• Choosing a transaction structure to ensure a bankable project

• Prequalification and marketing process

• The bidding process and project timeline Alaa Samman, Director General of Business Development and Property Management, General Authority of Civil Aviation, KSA

Case Study

09.00

Panel Discussion

09.45 Public-Private Partnerships In The Middle East: Examining An Important Infrastructure Investment Tool

PPPs have been identified as an important tool that will help governments in the Middle East obtain investment to develop infrastructure in their countries. This panel discussion will examine the role that PPPs can play in the Middle East and will look at regional and international best practices.

Panellists include: Nabil Abbas, General Manager, Abbas Architects and Construction Consultants, KSA Dr. AbdelGadir Warsama Ghalib, Senior Legal Advisor & Senior Manager Legal Department, Bank of Bahrain & Kuwait, Bahrain Paul Zander, Contracts Director, ADPi, UAE 10.30

Networking And Refreshment Break

11.00 Optimal Contractual Bidding And Evaluation Of

Proposals To Achieve The Best Results For Your Business The risks and types of contracts required vary across industries. Each breakout session will discuss the risks that are specific to each industry and will be moderated by an industry expert. Delegates will be able to choose which breakout session they want to attend.

• Critical factors that need to be considered in contractual bidding and proposal evaluations

• Developing criteria and defining your requirements

• Obtaining the best ROI for your business

Saleh A. Hassoubah, Contracts, Purchasing & Warehouse

Manager, Saudi Aramco Mobil Refinery Co. Ltd., KSA 11.45 Effective And Efficient Dispute Resolution: Avoiding, Managing And Resolving Disputes To Successfully Manage Relationships

• Preventing disputes through the use of anticipatory drafting

• Exploring legal methods of dispute resolution, including:

- Litigation

- Arbitration

• Alternative methods of dispute resolution:

- Conciliation

- Mediation Nabil Abbas, General Manager, Abbas Architects and Construction Consultants, KSA 12.30

Speaker-Hosted Lunch Tables

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13.30 IT, Oil And Gas, Construction The risks and types of contracts required vary across industries. Each breakout session will discuss the risks that are specific to each industry and will be moderated by an industry expert. Delegates will be able to choose which breakout session they want to attend.

IT Moderator: Farouq A. Al Hefnawi, Group Director – Legal, ITS, Kuwait

Oil And Gas Moderator: Mark Osa Igiehon, Senior Advisor – Standards & Assurance, Shell Global Solutions International B.V., The Netherlands

Construction Moderator: Frank Leech, Project Director, Taisei Corporation, UAE

Breakout Sessions

08.30

14:45 Contracts Clinic: Evaluating Different Contract Types There are many different contract types that vary across industries. This session will highlight some of the more common types of contracts and how they can be tailored to include elements of other contract types to suit their purpose, including:

• F ixed price and unit rate contracts

• Reimbursable contracts

• Financing contracts

• Project management contracts

Dr. Munther Saket, Deputy General Manager, Allied Planning & Engineering Corporation, Jordan 15:30

Networking And Refreshment Break

16:00 Communicating Contracts: Reaching Predictable Results And Preventing Surprises

• Why do we have contract problems and surprises in business practice?

• Improving communication between people of different nationalities and cultural backgrounds

• What should we focus on in pre- and post-contract communication? Top Ten terms today – in the future

• When text is not enough: visualising contracts and legal information for clarity and user-friendliness

• Tools for cross-professional pre- and post-contract communication Sam Achampong, Procurement Advisor, Municipality of Abu Dhabi City, UAE Wael Safwat, Manager, Contracts, ENOC, UAE Paul Zander, Contracts Director, ADPi, UAE Sandeep Mehndiratta, Contracts Professional, UAE 16:45

Closing Remarks And End Of Day Two

This event was very helpful, with good tips, especially in today’s market Elena Denkovska, Legal Counsel, Nakheel, UAE

When professionals enjoy their work, their work becomes an art. I’ll join IIR for future events.

Bader Mufti, Chief Administrator, Samba Financial Group

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Workshops

Enhance your learning experience by attending our power-packed workshops! These interactive pre and post-event workshops will help you make the most of the Middle East Contract Management Conference by providing you with in-depth information and practical tools that you can take back to the office.

Pre-Conference Workshop A • Sunday 23 October 2011

Contract Risk Management: Minimising Risk While Maximising Opportunities In Business Contracts Timings: Registration and coffee will be at 08.30. The workshop will commence at 09.00 and conclude at 14.30 with appropriate breaks for refreshments. Lunch will be served at 14.30.

Workshop Details: In today’s business, timelines get shorter, requirements tighter, and inventories are kept to the lowest possible level. Companies are increasingly dependent on each other’s success – and on contracts. If one point in the supply chain fails, everyone is likely to be affected.

When problems arise, services and payments slow down, relationships suffer, and the damage to reputation can be permanent. But that does not have to happen. What is needed is a reliable foundation for successful projects and strong supply chains.

This Workshop uses case studies to illustrate what can happen if a contract fails and why a proactive approach is increasingly important. Given the cost of not fulfilling a company’s commitments it examines, with examples, the areas of greatest risk and opportunity. Using hypothetical case studies and discussion, the Workshop provides tools and methods ready to be taken into use when back on the job. Participants will also receive an extensive Contractual Risk Management Toolkit full of sources of additional information and a Webliography for finding further resources, contract models and samples.

Key topics: • Contractual Liability And Risk Management In A Nutshell – Back To Basics • Minimising Risk - Preventing Contract/Warranty Surprises • Maximising Opportunities And Enhancing The Ease Of Doing Business While Minimising Risk Exposure

The workshops were well-organised, met professional expectations and were a good experience.

About Your Workshop Leader: Damian Wilkinson BSc. (Hons), MSc, MRICS, FCIArb is a Chartered Quantity Surveyor and Fellow of the Chartered Institute of Arbitrators, with over 22 years’ professional experience covering many areas of the construction and engineering industry. An accomplished claims manager, expert advisor, forensic quantity surveyor and risk manager who specialises in dispute avoidance and resolution, procurement, contract advice, risk and claims management for multi-million pound projects in the Construction, Engineering and Information Technology sectors. He has a wealth of experience in dealing with the resolution of complex arguments and disputes in Construction, Engineering and Information Technology.

He has advised on numerous contracts in the education, commercial property, power, civil engineering, transport sectors energy sectors and major information systems projects. Damian has been appointed as a party representative and expert advisor on numerous disputes, in adjudication, arbitration and litigation, acting alongside legal advisors and has been appointed as quantum expert witness. He has practical experience of most major project forms of contract including JCT, ICE, NEC ECC, MF/1, IChemE and FIDIC (Red Book 4th edition) and many bespoke forms. He has provided procurement and contract advice on the development of bespoke engineering contracts based on the Engineering and Construction Contract for major companies and devolved government agencies. Damian has developed and delivered various seminars and training on Risk and Contract Management, Why Project go wrong, Procurement and the Construction and Engineering Contracts, the Housing Grants Construction Regeneration Act 1996. Damian is a past branch chairman of the Chartered Institute of Arbitrators.

Ahmed Al Kuwari, Senior Contracts Manager, Qatari Diar Real Estate Investment Co., Qatar

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Post-Conference Workshop B • Wednesday 26 October 2011

Dispute Resolution For Contract Management Professionals Timings: Registration and coffee will be at 08.30. The workshop will commence at 09.00 and conclude at 14.30 with appropriate breaks for refreshments. Lunch will be served at 14.30.

Workshop Details: Disputes over contracts can be very expensive. This workshop will help you to develop strategies for resolving dispute without resorting to costly litigation. It will explore the technical details of dispute resolution and negotiation, and help you to understand international and regional legal structures for dispute resolution. You will also learn how to protect your business from the dangers of disputes and litigation.

About Your Workshop Leader: Nabil Abbas is an architect and construction consultant.

He holds a PhD in construction engineering and management from the University of Strathclyde - Glasgow (UK), a postgraduate degree in Islamic Studies and a BSc in Architecture. Nabil has been the General Manager of Abbas Architects and Construction Consultants since 1980. He has also been the General Manager of the Engineering Expertise Centre – Jeddah since 1995 and President of the Arabic Arbitration Centre – Cairo

since 1999. He is a Fellow of the Chartered Institute of Arbitrators (Britain), elected member of the Association of Cost Engineers (UK), associate member of the American Institute of Architects (AIA) and member of the FIDIC Arabic translation committee of construction contracts (2007 2011).

To date he has translated 4 of FIDIC’s suite of contracts. He is a Registered Arbitrator and the country representative for Saudi Arabia at the Dispute Resolution Board Federation (DRBF). He has designed, supervised and managed the construction of hundreds of projects for both the public and private sectors. He has been appointed as arbitrator, sole arbitrator or expert witness for over 250 cases in construction projects. He has lectured extensively on engineering topics, arbitration, ADR, construction claims, value engineering and BOT in over 40 training courses in the Middle East, UK, USA and Africa. He has published 32 technical papers on engineering topics, construction claims, arbitration and ADR. He has been published in local and international journals, and two books.

Post Conference Workshop C • Thursday 27 October 2011

Contract Drafting For Non-Lawyers Timings: Registration and coffee will be at 08.30. The workshop will commence at 09.00 and conclude at 14.30 with appropriate breaks for refreshments. Lunch will be served at 14.30.

Workshop Details: As the business world gets more complex, ensuring smooth and uninterrupted operations coupled with long-term relationships with all parties is extremely critical.

Contracts are now considered vital as they not only instill high levels of confidence in the organisation one deals with, but also save the time and effort one might face in dealing with unpredictable concerns and arguments.

This workshop will help you to understand, draft and negotiate a successful contract, while ensuring that the interests of your organisation are well protected. It will also strengthen your expertise to build sound contractual relationships.

Top 5 Learning Objectives 1. Understand the meaning and significance of common contract clauses

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2. Identify essential contract clauses, terms and conditions 3. Establish the framework for sound contractual relationships 4. Achieve the confidence and skills to properly review, understand and negotiate effective contracts 5. Recognise the impact of different legal systems on contract drafting and interpretation About Your Workshop Leader: Elena Denkovska is a legal counsel who has been working with Nakheel, one of the biggest developers in the region, for over 4 years now. She has built up extensive strategic and high level legal expertise, serving in a role supporting top tier business entity in the property management sector. Her diversified legal consultation skills and extensive asset management expertise position her well to share her experience in dealing with contracts in the GCC and specifically the administration of contracts in challenging circumstances.

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Dusit Thani Hotel, Dubai, UAE  24-25 October 2011

FIVE WAYS TO REGISTER

971-4-3352438

IIR Holdings Ltd. GCS/IIR Holdings Ltd. P.O Box 21743 P.O Box 13977 Dubai, UAE Muharraq Kingdom of Bahrain

register@iirme.com

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971-4-3352437

The Middle East Contract Management Conference at a glance: Please  the sessions you wish to attend Middle East Contract Management Conference

23.10.11

 Two-Day Conference  Pre-Conference Workshop A

24.10.11

25.10.11

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

26.10.11

27.10.11

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 Post-Conference Workshop B

A1160

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 Post-Conference Workshop C Price before 31 July

Price before 28 August

Price before 25 September

Price After 25 September

All registrations are subject to our terms and conditions which are available at www.iirme.com/terms. Please read them as they include important information. By submitting your registration you agree to be bound by the terms and conditions in full.

 5 Days - Full Summit

US$ 4,295 SAVE US$ 2,585

US$ 4,495 US$ 2,385

US$ 4,695 US$ 2,185

US$ 4,895 US$ 1,985

Payments

 4 Days - Conference + 2 Workshops

US$ 3799 SAVE US$ 1,686

US$ 3,999 US$ 1,486

US$ 4,199 US$ 1,286

US$ 4,399 US$ 1,086

 3 Days - Conference + 1 Workshops

US$ 2,990 SAVE US$ 1,100

US$ 3,190 US$ 900

US$ 3,390 US$ 700

US$ 3,590 US$ 500

 2 Days - Conference only

US$ 2,095 SAVE US$ 600

US$ 2,295 US$ 400

US$ 2,495 US$ 200

US$ 2,695

 1 Day - Workshop only

US$ 795 SAVE US$ 600

US$ 995 US$ 400

US$ 1195 US$ 200

US$ 1,395



SIGNIFICANT SAVINGS! For further information on current promotions and group discounts,

A confirmation letter and invoice will be sent upon receipt of your registration. Please note that full payment must be received prior to the event. Only those delegates whose fees have been paid in full will be admitted to the event. You can pay by company cheques or bankers draft in Dirhams or US$. Please note that all US$ cheques and drafts should be drawn on a New York bank and an extra amount of US$ 6 per payment should be added to cover bank clearing charges. In any event payment must be received not later than 48 hours before the Event. Entry to the Event may be refused if payment in full is not received.

please contact Andrew on +971 4 335 2483 or at a.watts@iirme.com

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Due to unforeseen circumstances, the programme may change and IIR reserves the right to alter the venue and/or speakers.

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