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International Client Manager

Bilge Müftüoğlu

Country of residence: Türkiye

Citizenship: Turkish

www.muftuogluhukukburosu.com

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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)

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.

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

FIDIC Adjudicator Details

Bilge Müftüoğlu

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