FIDIC Adjudicator Details

International Client Manager

Bilge  Müftüoğlu

  Country of residence: Türkiye

  Citizenship: Turkish

  www.muftuogluhukukburosu.com

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Countries with experience

Other countries with experience:

Global regions

  • East Europe
  • Middle East
  • Central Asia
  • North Africa
  • Sub Sahara Africa

Languages spoken

  • English

Construction contract experience

  • Plant & Design-Build Contract, 1st Ed (1999 Yellow Book)

Consultancy contract experience

  • Not applicable - none of the above

Specialist contract experience

  • Not applicable - none of the above

Other contract experience

  • Worked for several times with Construction Contract
  • MDB Harmonised Ed
  • June 2010
  • Construction Contract
  • 1st Ed (1999 Red Book) by drafting and negotiating Particular Conditions
  • Worked for several times with EPC/Turnkey Contract
  • 1st Ed (1999 Silver Book)
  • and Plant & Design-Build Contract
  • 1st Ed (1999 Yellow Book) by drafting and negotiating Particular Conditions
  • Worked with Client-Consultant Agreement (White Book) 4th Ed 2006
  • and Short Form of Contract
  • 1st Ed 1999 while preparing tender documents
  • Performed risk analysis and advised clients during their performance under above specifie

CV - Services offered

  • Arbitration
  • Adjudication
  • Mediation
  • Conciliation
  • Facilitator
  • Contract Expert/specialist
  • Independent expert
  • Councillor
  • Educational qualifications

Technical expertise

  • Airports - air-side
  • Airports - terminals and support
  • Airports - other
  • Building - domestic
  • Building - industrial
  • Building services - Gas
  • Construction law
  • Defence
  • Energy & Power - Fossil Fuel Systems
  • Energy & Power - Hydro Systems
  • Energy & Power - Solar Systems
  • Energy & Power - Natural gas and LNG Facilities
  • Energy & Power - other
  • Infrastructure, Railways, Bridges
  • Irrigation and Land Reclamation Manufacturing and Process Plant
  • Marine and ports
  • Metro railway and stations
  • Metals and Mining
  • Road and highways - bridges and car parks
  • Road and highways - other
  • Rail - High Speed rail
  • Waste Disposal - other
  • Water - drainage and sewerage
  • Water - Water Supply
  • Water - Water Treatment
  • Water - Sewage Treatment
  • Waste Water - Treatment and Pumping Plant
  • Waster Water - treatment/distribution
  • Other (As I'm a lawyer, I'm experienced in the selected areas from the contractual and legal perspective)
  • Claims and variations

  • Extension of time
  • Defects
  • Other (As I'm a lawyer, I'm experienced in the selected areas from the contractual and legal perspective)

Short summary experiences

It is not possible for me to talk about my experiences with regard to ongoing cases, due to my confidentiality obligation, therefore I think it will suffice talking about completed cases. While acting as the DAB member for the first time for an international dispute, I was lucky enough to work with two experienced DAB members, so I have also learnt from their experiences. Being a DAB member seriously differs when compared to being a party representative in a dispute. I had many arbitration and DAB experiences by representing clients, but this time it was different, I was not defending anyone, but seeking for the right questions to clarify the ambiguities and understand the truth, to the extent possible. It really imposes heavy responsibility to adjudicator’s shoulders, which requires high attention and good communication between DAB members. The arbitration at ICC with regard to the project in Bosnia was my first online hearing. Previously I had concerns on how it would proceed. However, as now everyone agrees, we are in a digital world and hearings may even be held online. The mentioned hearing also went very well, without any problems. Actually, I prefer physical hearings, as it is better to meet face to face, but that experience convinced me that for other issues such as procedural meetings or short-term hearings can be arranged online. The arbitration at ICC with regard to the project in North Iraq was interesting, as the counterpart (the defendant) never replied. So, we were cautious to be sure that each delivery is made also in hardcopy to the counterpart and not only via e-mails, and we followed up the courier companies to verify safe delivery of the files. The arbitrator was also cautious to provide all opportunities to the defendant to submit its defense, and even a hearing was held in the absence of the counterpart. Therefore, we were all sure that the counterpart had every opportunity to submit its case. The case which I have represented a client in DAB procedures in regard to a dispute arising out of a railway modernization project gave me a good example of a case in which a party representative loses control and gets too angry, and how a DAB should manage such incident. I was even prevented by the counterparty’s representative from making my presentation. However, the DAB managed the process very well and we could finally complete the hearing. My experience from the arbitration case between the client and its subcontractor at ICC is that when making a letter of tender an integral part to the contract, one should act by knowing all the data and documents in that letter of tender. I cannot forget the experience that I’ve gained from arbitration case at LCIA between a Turkish company and an Italian contactor. Core of the dispute relied on definition of “Warranty Period”, which was possible to be interpreted in two different meanings. This was an interesting case highlighting importance of clear definitions in contracts.

Position and experience

Acredited mediator: No
Acredited arbitrator: No

Employment status:
Present position: Founding Partner of Müftüoğlu Law Office
Previous positions: Managing Partner of Yazıcı Attroney Partnerhip (formerly named Yazıcı Law Offices) for 4 years, Partner at Yazıcı Law Offices for 7 years, Senior Associate at Yazıcı Law Offices for 7 years, Associate at Yazıcı Law Offices for 7 years, Contract expert at Roketsan Inc. (defence industry company) for 6 years

Experience

  • Currently representing a client in investment arbitration (ICSID) against the Kingdom of Saudi Arabia
  • Currently representing a client
  • in arbitration proceedings with regards to a hydro-electric power plant project being performed in east of Turkey before Istanbul Arbitration Centre
  • Acted as a DAB member in a dispute between the Ministry of a European state and a Turkish construction company concerning a construction project that was being carried out in South Sudan
  • Represented a client
  • who acted as a seller in an international energy infrastructure project being performed in Bosnia
  • in arbitration proceedings against the buyer in the project before ICC
  • Acted as a member of the team in representing of a Turkish contractor in investment arbitration before ICSID against Turkmenistan with regards to a foreign investment
  • Represented a client
  • who was a contractor in an energy infrastructure project being performed in the North Iraq
  • in arbitration proceedings against Kurdistan Regional Government
  • Iraq
  • before ICC
  • Represented a client against its subcontractor
  • in the ICC arbitration proceedings arising out of a receivable claim within the framework of a PPP context through its partnership with a company
  • Represented a client
  • the contractor in railway modernization project in Turkey
  • by drafting submissions under DAB procedure in the context of FIDIC Yellow book Contract
  • and attended the hearing
  • Played an active role in the team representing a major construction company in the ICC arbitration proceedings arising out of a dispute with regards to installation and montaging of a wind farm
  • Represented a Turkish construction company against an Italian construction company in LCIA arbitration proceedings

Affiliations/Memberships

  • Ankara Bar Association
  • Society of Construction Law - Turkey branch
  • Dispute Resolution Board Foundation

Panel listings

  • Providing 2 days training program on construction contracts including FIDIC forms and their implementation under Turkish Law since 2010
  • Providing 1 day training program on FIDIC Red-Yellow-Silver Books (1999 Revisions) on comparative basis since 2022
  • Providing 1 day training programs explanaing the changes introduced with FIDIC 2017 Revisions
  • A general overview to internationally financed EPC Contracts - SCL Panel-2022
  • FIDIC 1999 & Onwards - SCL International Conference - İstanbul 2023
  • Disputes under international construction contracts and third party financing - 2020
  • Force Majeure & Construction Contracts webinar - 2020
  • FIDIC Disputes: Claims
  • Termination and DAB - 2020
  • Various speeches made to students at law faculties in Türkiye

Qualifications, jurisdiction and discipline

  • Lawyer
  • Attorney at law registered to Ankara Bar Association