The second ICC regional conference on practical issues in construction dispute resolution and dispute avoidance was held in Sofia, Bulgaria on 27th and 28th September 2018. The event hosted more than 50 eminent practitioners and speakers who shared their experience on different mechanisms and techniques for dispute resolution and dispute avoidance in the area of construction law.

Following the 2017 success of the first ICC Bulgaria regional conference, its second edition was co-organized together with the highly prestigious international organization The Dispute Resolution Board Foundation (DRBF). Our partners Mr. Metodi Baykushev and Ms. Boyana Milcheva, both members of DRBF, took an active role in the debates. Mr. Baykushev in his capacity of Secretary General of ICC Bulgaria delivered a welcome speech, in which he highlighted the importance of the alternative dispute resolution (ADR) mechanisms such as arbitration and the Dispute Avoidance/Adjudication Board (DAAB) under the FIDIC terms in construction projects. Such mechanisms provide an attractive opportunity to the parties involved to find time and cost-efficient solution in case of disagreements.

Mr. Baykushev also took part in a panel that discussed the Enforcement of DAB (DAAB under FIDIC 2017) decisions and arbitral awards in the Central and Eastern European (CEE) region. He presented some of the most recent case law of Bulgarian  courts in terms of enforcement of arbitral awards and draw some very interesting conclusions on the possibility to enforce DAAB decisions in Bulgaria.  

Ms. Milcheva participated vividly in the exciting mock case devoted to examining some of the key stages and possible complications of a construction dispute – from its arising, subsequent participation of the parties in the DAAB procedure, filing Notices of Dissatisfaction to filing the claim before arbitration and seeking urgent interim relief before Emergency Arbitrator under the ICC Rules of Arbitration.

Further to that, on the conference it became clear that Ms. Milcheva became the Country Representative for DRBF in Bulgaria.

A highlight of the event was the presentation of Mr. Ulrich Kopetzki, Counsel at ICC International Court of Arbitration, who revealed some breaking news on the procedure for challenging Dispute Board members before ICC. In the next months detailed rules on the matter shall be published by ICC which will significantly foster the transparency and legal certainty for all parties that have chosen to opt for such ADR mechanism before ICC

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