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Brainstorming in Brasil about infrastruture and arbitration

The Ibidic had its third international congress. In this event fundamental ideas were discussed about infrastructure. It´s development is crucial for the Brazilian economy.

The Congress had dozens of speakers, and covered vital areas regarding infrastructure. It became clear that it is essential to plan and have clear and effective legal frameworks in order to develop the country.

The Congress was organized by Fernando Marcondes, certainly one of the most notorious Brazilian lawyers in the sector, which was assisted by a team of experienced lawyers in the field, namely Rafael Marinangelo, Ricardo Campelo, Marcelo Botelho de Mesquita and Ricardo Medina.

The main objectives of the institute are:

  • To establish a dialogue between the industry and the lawyers;

  • Develop construction law and discuss other important matters regarding this sector.

It is essential that lawyers are seen as part of the team, as people who are problem-solvers, rather than troublemakers.

This Congress had an international panel, which included experts as Richard Bailey, Roger Peters, Eric Franco, Juan Valdes and Portuguese lawyer Sandra Gomes Pinto.

The conference served as a "brainstorming" for some fundamental ideas regarding this sector and will certainly leave here embryos for important projects.

The American Roger Peters is an international ex

pert in "dispute boards", which can be simplistically referred to as a set of experienced advisers whose function is to anticipate problems and prevent conflict during the execution of large projects. This system of "dispute board" may serve as a mean for saving very large sums if litigation and arbitration are avoided.

It was also discussed the English model of "adjudication", which provides a quick and efficient mechanism for the resolution of simple disputes, in order to ensure the cash flow of the contractor, which is absolutely vital for the development of the construction project.

According to Richard Bailey, president of the European Society of Construction Law

“Adjudication is a quick, efficient way of ensuring the flow of money through a construction project. In the UK adjudication has led to a revolution in dispute resolution due to its speed and ease of use and has been the saviour of many a company. Adjudication has become beyond doubt the single most popular form of dispute resolution in construction disputes in the UK and is spreading throughout the world.”

Another idea that emerged was the possibility to extend the work of the institute to other Lusophone countries (Portuguese speaking countries).

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