Mr. Le The Hung participated in the PADSK – SCLI 2025 International Conference in Indonesia

On 7-8, August, 2025, the PADSK – SCLI 2025 International Conference was held at Manhattan Hotel, Jakarta (Indonesia) with the participation of more than 40 international experts in the fields of construction, law, and contract. Mr. Le The Hung, the Managing Partner of CNC Counsel, has the honor to represent Vietnam to participate in and give speech at this significant discussion session

The PADSK – SCLI 2025 garner the attention of many credible experts in the construction fields in the South East Asia region, as well as Japan, China, Australia, Singapore, Romania, Spain, United Kingdom, Philippines, South Korea, Jordan, etc and speakers that could be considered elites in the region and all over the world, namely:

• Prof. Sarwono Hardjomuljadi – Chair of PADSK – SCLI, DRBF Region 2 Director for Asia (Indonesia)
• Prof. Nicholas Gould – Partner, Fenwick Elliot LLP (United Kingdom)
• Prof. Zhang Shuibo – Tianjin University (China)
• Mr. Giovanni Di Folco – Co-owner & President of Techno Engineering & Associates Group (Romania)
• Mr. Pablo Laorden Mengual – Founder and Managing Partner of Lámbal Abogados S.L.P (Spain).
• Prof. Toshihiko Omoto – Adjunct Professor, Kyoto University (Japan)
• Mr. Salvador Castro Jr. – Chairman and President, SP Castro, Inc (Philippines)
• Mr. Sean Sullivan Gibbs – DRBF Region 2, Board of Directors (United Kingdom)
• Mr. Graham Easton – Arbitrator & Mediator (Australia)
• Mr. Husni Madi – Founder and Ceo of Shura Construction Management (Jordan)

Mr. Le The Hung participates in PADSK – SCLI 2025

This time, the topic of PADSK – SCLI 2025 is “Collaboration of stakeholders to enhance the DAAB’s “avoidance” function as the spirit o FIDC contracts to achieve a successful construction project”, a joint effort of the Society of Construction Law – Indonesia and PADSK, with the support of DRBF and Pekalongan University. This topic serves as a continuation of the previous year’s conference, which emphasized the importance of the synchronization of FIDIC Contracts and local regulations to prevent disputes.

Click here for more information on the 2024 International Conference on Dispute Avoidance/Adjudication Board

On the topic of the conference, Prof Sarwono Hardjomuljadi, Chairman of the Society of Construction Law (SCLI) and PADSK, emphasized that the collaboration of all parties involved is vital to the use of FIDIC as a fair and balance international contract standard.

Collaboration among the involved parties is the key the to optimize the “Dispute Avoidance” function in construction projects, this is also the spirits of FIDIC Contracts. Furthermore, the functions of DAAB in the most recent FIDIC publication do not only stop at dispute resolution, as they also encompass dispute avoidance.

Click here to learn more about the Dispute Board through CNC’s article.

Some of the main themes discussed at the PADSK – SCLI 2025 International Conference

PADSK – SCLI 2025 International Conference has successfully held 10 in-depth discussion sessions, delving into strategic aspects of the avoidance and resolution of disputes in construction projects. Experts and attendees have shared practical experience and valuable solution through a series of themes, which include:

• Collaborative action of the stakeholders to avoid disputes
• Dispute Avoidance at the initiation phase of the Project by using appropriate Particular Conditions
• Development of Professional Claims on avoiding disputes
• The two sides of Variation Order – causing disputes but also solving disputes
• Case example of collaboration among the Parties, DAAB and Government Auditor
• Enforcement of DAAB Decision and the “avoidance function” of DAAB
• Many other attention-worthy themes.

Mr. Le The Hung (Vietnam) gave his speech in Session 3 “Development of Professional Claims on avoiding disputes” at the PADSK – SCLI 2025 International Conference.

In Session 3 at the PADSK – SCLI 2025 International Conference, Mr. Le The Hung, together with the experts from Spain, Romania, Australia, the United Kingdom, and Indonesia have discussed about the development of professional claims on avoiding disputes. In which, Mr. Le The Hung gave an in-depth presentation on the new points of the claim process and mechanism of dispute avoidance under the 2017 FIDIC Contracts.

• The Simplification of Claim Process: The 2017 FIDIC Contract establish a process for handling claim related to cost and time applicable to both the Employer and Contractor. This new point emphasizes the strict compliance with the notice period to preserve legitimate benefits, as well as the significance of the submission of detailed document and evidence during the initial phase.
• DAAB Development: This is a newly introduced and emphasized point. Mr. Le The Hung clarifies that, FIDIC 2017 have introduced DAAB as a mandatory component of all three types of contracts, instead of as previously being limited to only Red Book. This is not simply a change in the name from DAB to DAAB, as it represents a shift in the philosophy, from solely dispute resolution to proactive avoidance of disputes, thereby allowing parties to resolve disputes in an effective manner and mediate without resorting to arbitration.

Mr. Hung clarifies the new points on “Claim Notice” in the 2017 FIDIC Contracts.

According to Mr. Hung, the steps for parties to resolve disputes in an amicable and effective manner are as follows:

Step 1: Distinction between Claim for Compensation under Clause 20 and the occurrence of a Dispute under Clause 21

Step 2: The process for the resolution of claim is only specified in Clause 20 on the Claims of Contractor and Employer, with the obligations of each party being reciprocal in nature.

Step 3: Changes from the Dispute Adjudication Board (DAB) to Dispute Adjudication/Avoidance Board (DAAB) to support the Parties in the avoidance of disputes.

Step 4: Submit the Claim to the Engineer for determination

Step 5: Refer the issue to DAAB for decision

Step 6: Prior to reference of the issue to Arbitration, Parties have 28 days to reach a mediation agreement

Step 7: When all previous efforts result in failure. The dispute shall be resolved via Arbitration.

The participation of Mr. Le The Hung, Vice Chair of SCLVN and Managing Director of CNC Counsel, in PADSK – SCLI 2025 has affirmed the position and commitment of the legal experts of Vietnam in the accessing and integration of international construction law standards.

Mr. Le The Hung and Mr. Nguyen Nam Trung, President of SCLVN at the PADSK – SCLI 2025 International Conference

Through providing update regarding the advanced dispute avoidance mechanism, CNC Counsel continue to fulfill its mission: the establishment of a solid foundation based on “four aspects”: Avoidance – Transparency – Ability – Collaboration. This is the leading principle that allow us to constantly upgrade the quality of our legal consulting services and provide effective and comprehensive solution, thus contributing to the elevation of project management capability and development of transparent and sustainable legal environment for the construction sector in Vietnam.

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