dispute resolution? experience pays. - DRBA

Dispute Resolution Board Foundation. Moving projects forward since 1996.
12th Annual
INTERNATIONAL CONFERENCE
Dockside Convention Centre
Cockle Bay
Darling Harbour
3 - 5 May 2012 | Sydney - Australia
PRINCIPAL SPONSOR

About the Dispute Resolution Board Foundation
The Dispute Resolution Board Foundation (DRBF) is a leading global membership organisation dedicated to promoting the use of
the Dispute Board (DB) concepts to assist contract parties to improve the outcome of their projects. In the last two decades, the DB
process has emerged as a highly effective means of avoiding and resolving disputes in major construction and commercial projects,
improving outcomes in terms of delivery time and out-turn cost. Headquartered in the USA, the DRBF is represented on all continents
through its global network of branch offices and affiliates. Its membership include leading professionals from law, engineering, building
and construction, architecture, project management and academia, expert and accredited in the DB process. Its Australasian Chapter,
the Dispute Resolution Board Australasia Inc (DRBA) is located in Sydney and promotes the use of the Dispute Boards on major
projects in Australia and New Zealand.
Contents
Welcome
Principal Sponsor
Day 1 – Thursday 3 May 2012 DRB Advanced Training Workshop
Day 1 - Thursday 3 May 2012 Welcome Cocktail Reception
Day 2 – Friday 4 May 2012 Conference
Day 2 – Friday 4 May 2012 Networking Cocktail Reception
Day 3 – Saturday 5 May 2012 Conference
Day 3 – Saturday 5 May 2012 Gala Dinner
Keynote Speakers, Session Chairs and Panellists
Supporters and Media Partners
Sponsors
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Back Cover
DRBA: Dispute Resolution Board Australasia Inc P O Box 6006 North Sydney NSW 2060 T +61 61 2 9947 9729 E ron.finlay@fincon.com.au W www.drba.com.au
DRBF: Dispute Resolution Board Foundation, 19550 International Blvd. So Suite 314, Seattle, Washington 98188 USA T 206 – 878 - 3336 E info@drb.org W www.drb.org

Welcome
It is a great honour and joy for me and my colleagues, directors of the
Executive and Regional Boards, to welcome you to the 12th DRBF
International Conference with the theme The Benefits of Dispute
Boards to Major Projects.
Since 1996 the DRBF has hosted every year successful events on
every continent in other global centres like London, Paris, Berlin, Dubai,
Cape Town and Sao Paulo and others.
Today I am pleased to say: We have – at long last – made it to Sydney.
I congratulate DRBA President Doug Jones AM and his team for
bringing this event to Australia for the first time.
The use of Dispute Boards for dispute avoidance and real time and
cost effective dispute resolution has continued to grow worldwide
and this is clearly evidenced by the program topics and the training
workshop which has sold out.
With a focus on the innovation of Dispute Boards (DBs) and the
experience and lessons learnt by practitioners operating across
different cultures and legal systems around the world, the conference
brings together speakers and delegates from across Australasia,
Europe, North and South America, Asia, the Middle East and Africa.
Supported by global associations and affiliates, the conference offers a
high end networking and marketing opportunity. Delegates will gain up
to date insights on leading edge issues and will receive special offers
and discounts.
Most importantly, delegates will be able to earn up to 18 Continuing
Professional Development (CPD) points: Workshop (6 pts) and
Conference (12 pts), subject to verification of their association’s
licensing boards.
I congratulate Graeme Peck and the Conference Organising
Committee who have worked hard to produce an outstanding program
of proceedings and social functions.
I would also like to offer special thanks and welcome to our sponsors,
media partners and supporter organisations without whose support
this event would not be possible.
While it is the conference that brings us together, let us not forget what
Sydney and all of Australia have to offer visitors. On my schedule this
time it is Ayers Rock. I cannot wait to go there.
I look forward to meeting you all at this exciting forum at such an
exciting place.
Best regards
Volker Jurowich
President
DRBF Executive Board of Directors
On behalf of Dispute Resolution Building Australasia (DRBA) I would
like to welcome you to Sydney and Australia.
It is an honour and privilege to bring this event to Australia, and
indeed to the Asia Pacific region.
In the last two decades, Dispute Boards (DBs) have emerged as
highly effective means of avoiding and resolving disputes in major
construction and commercial projects as well as improving outcomes
in terms of delivery time and out-turn cost. Indeed, the value of
Australian and New Zealand DB projects alone, completed or
underway, is now in excess of A$10 billion.
In Sydney, the Dispute Board process has facilitated a number of
difficult projects, including the Sydney Desalination Plant, several
projects associated with the upgrade of the Sydney Electrified Rail
and the Port Botany Expansion. Case studies of these and other
major projects will be addressed in detail throughout this conference
by specialist practitioners.
I encourage you to take advantage of all that this conference has
to offer. The program has been structured to appeal to a range of
delegates from both private and public sectors and to provide
detailed insight into various recent applications of Dispute Boards and
their future use in major construction projects and other commercial
contracts.
The timely delivery of major infrastructure projects underpins our
national economy, business and government. We are honoured to
have the support of our keynote speakers: The Hon Nick Greiner
AC, Chairman of Infrastructure NSW and Premier & Treasurer
of NSW (1988 – 1992); the Hon RJL (Bob) Hawke AC, Prime
Minister of Australia (1983 – 1991) and Geoff French, FIDIC
President and Managing Director, URS Scott Wilson.
Take the opportunity to talk to sponsors as they will have ideas that
could make a significant difference to your business.
Discuss with the speakers on how projects can best be delivered.
Finally, take the opportunity to discuss and debate the ideas
presented with other delegates and prepare to contribute, to be
challenged and to learn.
Welcome to Sydney and Australia, and enjoy the conference!
Best regards
Doug Jones AM
President
Dispute Resolution Board Foundation Australasia
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Day 1 - Thursday 3 May 2012
DRB Advanced Training Workshop:
Lessons Learned – How Can We Do Better?
Dockside Convention Centre, Balcony Level, Wheat Road, Cockle Bay Wharf, Sydney
Sponsored by CBP Lawyers
The Workshop and Conference will be held at the Dockside Convention Centre. Located on the Balcony Level and affording
panoramic views of Cockle Bay Wharf and Darling Harbour, the purpose built venue boasts one of Sydney’s most dazzling locations.
Delegates can arrive by any mode of transport - boat, monorail, taxi, public transport or ferry.
0815 – 0845
0845 – 0900
0900 – 0910
0900 – 1030
1030 – 1100
1100 – 1230
1230 – 1330
1330 – 1500
1500 – 1530
1530 – 1700
Registration and Morning Refreshments
Welcome / Outline of Workshop
Topics
Coordinators: John Sharkey AM, Graeme
Peck
Workshop Sponsor Address
Nick Crennan, Partner, CBP Lawyers
Workshop Session 1: Establishment
of a Dispute Board
Leader: John Tyrril
Facilitators: George Golvan QC, Andy
Griffiths, Ron Finlay, Tim Sullivan
Morning Tea/Coffee Break
Workshop Session 2: Routine
Dispute Board Operations
Leader: Don Charrett
Facilitators: Roger Brown, Alan
McLennan, Graeme Peck, Paul Taggart
Networking Lunch
Workshop Session 3: Informal and
Formal Referral Processes
Leader: Geoff Smith
Facilitators: Graham Easton, Richard
Appuhn, James Perry, Barry Tozer
Afternoon Tea/Coffee Break
Workshop Session 4: Lessons
Learned – How to do Better?
Leader: John Sharkey AM
Panel members: Session Presenters
041812 COnstruction Advert_ART.indd 1 18/04/2012 1:49:39 pm
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Day 1 - Thursday 3 May 2012
Welcome Cocktail Reception
1800 - 2030
Star Room, Level 6, IMAX Theatre, Wheat Road, Cockle Bay Wharf, Sydney
Sponsored by Evans & Peck
The Welcome Cocktail Reception will take place on the evening of 3 May at the Star Room. Considered one of Sydney’s most
enviable locations, it is located on level 6 of the IMAX theatre complex, and was designed to celebrate the beauty of Sydney. With
a soaring ceiling and panoramic floor to ceiling windows stretching over 30 metres in length, delegates will be presented with an
unforgettable Sydney experience.
Dress Code: Smart Casual
4249.EP.ConferenceAdvertPRINT.indd 1 20/04/12 8:20 AM

Day 2 - Friday 4 May 2012
Conference:
The Benefits of Dispute Boards to Major Projects
Dockside Convention Centre, Balcony Level, Wheat Road, Cockle Bay Wharf, Sydney
Sponsored by Australian Contractors Association
0815 – 0845
Registration and Morning Refreshments
0845 – 0900 Introduction Doug Jones AM, DRBA President
Welcome Address Volker Jurowich, President DRBF Executive Board of Directors
0900 – 0920 Keynote Address The Hon Nick Greiner AC, Chairman, Infrastructure NSW
0920 – 0925
0925 – 0930
0930 – 1100
1100 – 1130
1130 – 1300
1300 – 1400
1400 – 1530
1530 – 1600
1600 – 1715
Principal Sponsor Address Peter Brecht, President, Australian Constructors Association
Procedural Announcements
Session 1 – Chair: Doug Jones AM
Dispute Board Concepts Internationally - Divergence or Convergence?
Sponsored by Everything Infrastructure
Roger Brown The United States / Canada (Region 1) Approach of DRB Procedures
Including Dispute Avoidance Practices
Dr Götz-Sebastian Hök FIDIC/MDB Approach in Respect of Dispute Adjudication Boards
Ron Finlay DRB Practices and Trends in Australasia
Morning Tea/Coffee Break
Session 2 – Chair: George Golvan QC
Dispute Avoidance – What Does a Dispute Board Offer?
Sponsored by Leach Group
Ferdinand Fourie Dispute Avoidance – What Does A Dispute Board Offer?
Romano Allione The Inherent Dispute Avoidance Properties of Dispute Boards
Alan McLennan PSM Dispute Avoidance Using Dispute Boards
Networking Lunch
Session 3 – Chair: Alan McLennan PSM
Owners’ Perspectives on Dispute Boards
Sponsored by Queensland Government
Deborah Bovarnick Mastin Dispute Boards in the United States
Chris Lock Dispute Resolution Boards in Transport Infrastructure in NSW: Promoting a
Collaborative Approach to Achieve Best-for-Project Outcomes
Derek Skinner The Application, Learnings and Future Direction of Dispute Resolution
Boards in TMR
Afternoon Tea/Coffee Break
Session 4 - Chair: Tim Sullivan
Future Opportunities for Dispute Boards
Sponsored by The Liberty Group
James Perry The Future of Dispute Boards in Non-Construction Applications and Why it
Matters
Ian Briggs Future Opportunities for DRBs – IT, ICT, Resources and Insurance Sectors
John Cooper The Use of DRBs in the Oil and Gas, Manufacturing and Defence
Industries
DISPUTE RESOLUTION?
EXPERIENCE PAYS.
When it comes to major mining, energy & resource projects, Corrs are the experts in dispute resolution.
Our commercial and strategic approach to dispute management is designed to drive the best outcomes
for our clients - helping to keep major projects on track and on time. To find out what Corrs can do for you,
contact Robert Regan, Partner on +61 2 9210 6620 today.
WWW.CORRS.COM.AU
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Day 2 - Friday 4 May 2012
Networking Cocktail Reception
1815 - 2100
Clayton Utz, Level 15, 1 Bligh Street, Sydney
Sponsored by Clayton Utz
Sponsored by Asia Pacific’s leading law firm, Clayton Utz, this function will take place on the evening of the 4 May at the conclusion of
the first day of conference proceedings. It will be held at Clayton Utz premises in Sydney’s award winning landmark building, 1 Bligh
Street. Combining leading edge design, technology and sustainability in one of the world’s most enviable locations, it is Sydney’s first
high rise six star Green Star building and offers spectacular views of Sydney Harbour and beyond. The event provides delegates with
a high end networking opportunity with fellow delegates and special guests. Located in the heart of Sydney’s financial district, the
venue is a short taxi ride or brisk 15 minute walk from the conference venue and Four Points by Sheraton hotel.
Dress Code: Lounge Suit / Cocktail Dress
Sydney
+61 2 9353 4000
Perth
+61 8 9426 8000
Melbourne
+61 3 9286 6000
Canberra
+61 2 6279 4000
Brisbane
+61 7 3292 7000
Darwin
+61 8 8943 2555
Hong Kong
+852 3980 6868
DRBF_Conference_Advertisement_871 1 17/04/2012 4:54:19 PM

Day 3 - Saturday 5 May 2012
Conference:
The Benefits of Dispute Boards to Major Projects
Dockside Convention Centre, Balcony Level, Wheat Road, Cockle Bay Wharf, Sydney
Sponsored by Australian Constructors Association
0845 – 0935
0935 – 1100
1100 – 1130
1130 – 1300
1300 – 1400
1400 – 1530
1530 – 1600
1600 – 1630
Session 5 – Chair Richard Kell AM
FIDIC’s Experiences with Dispute Boards
Sponsored by URS
Geoff French Dispute Boards in FIDIC Contracts
Aisha Nadar FIDIC’s Experience with Dispute Boards
Session 6 – Chair: Ron Finlay
Key Legal Issues for Dispute Boards
Sponsored by Corrs Chambers Westgarth Lawyers
Michael Weatherall Confidentiality and the Privileged Nature of DRB Meetings and
Communications.
Robert Regan Some Comparisons with Arbitration
Paula Gerber The Role of Lawyers in DRBs
Gerlando Butera Statutory Adjudication v DRBs
Deborah Bovarnick Mastin Admissibility of Nonbinding Written Dispute Board Recommendations
Presentations followed by an interactive Q & A Panel Session
Morning Tea/Coffee Break
Session 7 – Chair: Graham Easton
Recent Experiences with Dispute Boards
Sponsored by Transport for NSW
Harold McKittrick James J Audubon Bridge Project: Case Study In Dispute Avoidance
Approach
Paul Taggart Case Studies: Xiaolangdi Multi-Purpose Dam and Ghazi Barotha HPP
Richard Appuhn DAB Use of Experts and Time Limits under the FIDIC Rules: A Case
History
George Golvan QC Recent Experiences with DRBs in Australasia
Networking Lunch
Session 8 – Chair: Graeme Peck
Future of Dispute Boards in the Asia-Pacific Region
Sponsored by Sydney Ports
Graham Easton Future for Dispute Boards in Australia and New Zealand
Gordon Jaynes In the Asia Pacific Region, “Quo Vadis” Dispute Boards?
Toshihiko Omoto JICA’s Efforts for Promotion of the Use of Dispute Boards in the Asian Region
Colin Wall The Dispute Resolution Adviser System in Hong Kong
Closing Session - Chairman: Graeme Peck
Volker Jurowich President DRBF Executive Board of Directors - Future DRBF Developments
James Perry DRBF Region 2 Director - 13th Annual International Conference
Doug Jones AM DRBA President - Closing Remarks
Afternoon Tea/Coffee Break
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Day 3 - Saturday 5 May 2012
Conference Gala Dinner:
The Hon RJL (Bob) Hawke AC
Art Gallery of NSW, Art Gallery Rd, The Domain 2000, Sydney
Sponsored by Holding Redlich
The Conference Gala Dinner will take place 5 May at one of Australia’s iconic cultural venues, the Art Gallery of NSW. Established
in 1874, it presents fine international and Australian art in one of the most beautiful art museums in the world. Modern and
contemporary works are displayed in expansive, light-filled spaces, offering stunning views of Sydney and its harbour, while the
Gallery’s splendid Grand Courts are home to a distinguished collection of colonial and 19th-century Australian works and European
old masters. This function marks the closure of the conference and will be an ideal opportunity for delegates and their partners to
cement new friendships and farewell old friends.
Dress Code: Lounge Suit/Cocktail Dress
1800 – 1900
1900 - 2230
Pre-Dinner Optional Guided Tour of Selected Gallery Exhibits and the Archibald Prize Exhibition
Pre-Dinner Drinks and Canapés in the Entrance Court
Gala Dinner in the Grand Court
Speakers:
Welcome Doug Jones AM DRBA President
Sponsor’s Address Ian Robertson, Managing Partner, Holding Redlich
Guest Speaker The Hon RJL (Bob) Hawke AC
Sydney
Amanda Davidson
T: +61 (0)2 8083 0333
Project gone
pear shaped?
Give us a call.
Melbourne
Chris Edquist
T: +61 (0)3 9321 9919
For more information visit our website at
www.holdingredlich.com.au
Brisbane
Stephen Pyman
T: +61 (0)7 3135 0625

Speakers
Keynote Addresses
The Hon Nick Greiner AC
Chairman of Infrastructure
NSW and Premier & Treasurer
of NSW (1988-1992)
Australia
Geoff French
Current President of FIDIC &
Managing Director of URS-
Scott Wilson
United Kingdom
Session Chairs and Panellists
Romano Allione
Engineer, Project
Management Consultant &
Member of DRBF Board of
Directors
Italy
Richard Appuhn
Consulting Engineer &
Member of DRBF Region 2
Board of Directors
USA & Italy
Peter Brecht
President of Australian
Constructors Association
and Managing Director,
Infrastructure, Lend Lease
Australia
The Hon RJL (Bob) Hawke AC
Prime Minister of Australia
(1983 – 1991)
Australia
Ian Briggs
Partner & Head of National
Construction, Engineering &
Infrastructure
Minter Ellison
Australia
Roger L Brown
Managing Partner, R Brown
Consulting Group LLC
& President Elect, DRBF
Executive Board of Directors
(USA)
USA
Gerlando Butera
Arbitrator, Mediator and
Partner, Construction Group,
Nabarro LLP
UK
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Peter H J Chapman
Chartered Arbitrator,
Chartered Civil Engineer and
Barrister-at-Law
UK
Dr Donald Charrett
Barrister, Melbourne TEC
Chambers and Chairman,
AMOG Consulting
Australia
John Cooper
Partner, Allens Arthur
Robinson, Construction and
Infrastructure Law Specialist
Australia
Nick Crennan
Partner, Construction &
Engineering Group, Colin
Biggers & Paisley
Australia
Amanda Davidson
Partner and Head of
Construction & Infrastructure
(Sydney)
Holding Redlich
Australia
Graham Easton
Engineer, Lawyer, Chartered
Arbitrator & Mediator
Australia
Ron Finlay
Lawyer & Chief Executive,
Finlay Consulting
Secretary/Treasurer/
Committee Member, DRBA
Australia
Ferdinand Fourie
Lawyer, Engineer and
Corporate Director – Contract
and Claims Administration,
Kiewit Corporation
USA
Dr Paula Gerber
Associate Professor, Monash
University Law School
Australia
George H Golvan QC
Queen’s Counsel
Victorian Bar
Australia
Andy Griffiths
Director and Exco Member,
Consulting Engineers Goba
Pty Ltd, Vice Chair, ICE-
SA and DRBF Country
Representative
South Africa
Dr Götz-Sebastian Hök
Lawyer, arbitrator,
adjudicator, Past Chairman
of Eurojuris Commission
International Litigation, FIDIC
Legal advisor and Partner,
Dr. Hök, Stieglmeier &
Kollegen
Germany

Professor
Doug Jones AM
DRBA President and
Partner & Head of National
Construction and Major
Projects Group, Clayton Utz
Australia
Gordon L Jaynes
Attorney at Law, Consultant
to World Bank and Chair,
MDB Liaison Committee
UK
Volker Jurowich
DRBF President and
Contracts Consultant
Germany
Richard A Kell AM
Consulting Engineer, Project
Manager and Director of
Cardno International Pty Ltd
Australia
Kerry C Lawrence
Partner, Herrig & Vogt LLP
and DRBF Representative
on National Construction
Dispute Resolution
Committee
USA
Chris Lock
Deputy Director General
Transport Projects Division
Transport for NSW
Australia
Deborah Bovarnick Mastin
Assistant Attorney Broward
County, Ft Lauderdale and
President Elect, DRBF
Region 1 & DRBF Board
Director
USA
Harold V McKittrick
DRBF Past President,
Engineer, Contractor,
Arbitrator and Mediator
USA
Alan McLennan PSM
Specialist Consultant in
Relationship Contracting
and Deputy Chairman DRBA
National Committee
Australia
Aisha Nadar
Member of FIDIC Update
Task Group and Research
Fellow, Construction
Contracts and Dispute
Resolution at Queen Mary,
University of London
USA & UK
Professor
Dr Toshihiko Omoto
Construction Management
Consultant and Professor
at the Graduate School
of Management, Kyoto
University (MBA)
DRBF Country
Representative: Japan
Japan
Graeme M Peck
Consulting Construction
Engineer & Co-founder of
Evans & Peck
DRBF Country
Representative: Australia &
New Zealand
Australia
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James Perry
Partner, PS Consulting
(Contracts and Dispute
Management), Counsel,
François & Associés and
Member, DRBF Board of
Directors Region 2
France
Robert Regan
Partner & Head of Projects
and Energy and Resources
Teams
Corrs Chambers Westgarth
Lawyers
Australia
Ian Robertson
Managing Partner (Sydney)
Holding Redlich
Australia
John Sharkey AM
Consultant
Norton Rose
Australia
Derek Skinner
General Manager
(Major Infrastructure Projects)
Department of Transport and
Main Roads
Queensland State
Government
Australia
Geoffrey Smith
Barrister, Mediator and
Partner, PS Consulting
France
Tim Sullivan
Director
Contract Administration
Group P/L
Australia
Paul Taggart
Partner, Construction
Contract Service LLP,
President Elect DRBF Region
2, Independent Contract and
DR Consultant
Scotland, UK
Barry Tozer
Consulting Construction
Engineer, Arbitrator,
Adjudicator and Mediator
Australia
John Tyrril
Solicitor, Architect, Arbitrator,
Mediator and Director, John
Tyrril + Associates Pty Ltd
Australia
Colin J Wall
Managing Director
Commercial, Mediation &
Arbitration Services Ltd
Global Mediation Services
Ltd
Hong Kong
Michael Weatherall
Partner and Head of
Construction Law Team
Simpson Grierson
New Zealand

Supporters
Media Partners
National Association Of
Women in Construction
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Notes for use
Print
“Auscript” and “Since 1921” in Pantone 485 C, “A line” and “FASTER, BETTER EVIDENCE DELIVERY” in Black
Digital
“Auscript” and “Since 1921” in Auscript Red - DIgital (#D50E0D), “A line” and “FASTER, BETTER EVIDENCE DE
Sponsors
Dispute Resolution Board Foundation. Moving projects forward since 1996.