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and IBC Legal Conferences are proud to present the 3rd annual

FIDIC Middle East Contract Users Conference

The essential guide for successfully utilising the FIDIC suite of contracts and effectively resolving disputes in the Middle East
22 & 23 February 2012, Workshops: 21 February Doha Marriott Hotel, Qatar

Your Speaker Faculty 2012:

30% Discount for African and Selected Asian Companies*

Don't miss this must-attend event for Middle Eastern FIDIC contract users, so you can: Select the most relevant FIDIC form of contract in reconstruction projects Get to grips with recent changes to the FIDIC suite of contract documents by discussing the amendments directly with those responsible for making these changes Ensure your projects run on time and within budget by examining the role of the engineer and project manager in FIDIC projects Resolve disputes as quickly and cost-effectively as possible with an update on the latest experiences of dispute resolution in the Middle East Understand claims under FIDIC contracts and the latest developments in presenting and pursuing a claim Don't miss the three pre-event workshops: Introduction to FIDIC Contracts Advanced Dispute Resolution Strategies in the Middle East Dispute Boards: Using them to Make Projects Successful

Your registration includes copies of:

FIDIC DBO Contract Guide, 1st Edition 2011 FIDIC Construction Subcontract, 1st Edition
Strategic Partner: Associate Sponsor:
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Bookings Hotline +44 (0)20 7017 5503 To register or for the latest programme: www.ibclegal.com/fidicme

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PHILIP JENKINSON, Principal Consultant, Transport Planning & Management, Atkins; Chair, FIDIC Contracts Committee (UK) SVEND POULSEN, Project Director, Atkins; Chair, FIDIC Updates Committee (Denmark) ELLIS BAKER, Head of Construction & Engineering Practice Group, White & Case (UK) and Lead Author of FIDIC Contracts in Law and Practice (Informa, 2009) CHRISTOPHER SEPPL, Legal Advisor, White & Case; Special Advisor, FIDIC Contracts Committee (France) GWYN OWEN, FIDIC Adjudicator; Past President, Dispute Resolution Board Foundation (UK) DR. SEBASTIAN HOEK, Partner, Hoek, Steiglmeier & Kollegen, FIDIC Adjudicator (Germany) DR. NABIL ABBAS, General Manager, Abbas Architects & Construction Consultants (Saudi Arabia) NICHOLAS GOULD, Partner, Fenwick Elliott (UK) FAWZI ABU MOGHLI, Buildings Supervision Director, Arabtech Jardaneh Group (Jordan) ANDY HEWITT, Construction Contracts and Claims Consultant, Hewitt Construction Consultancy FZE (UAE) DR. MUNTHER SAKET, Contracts Consultant, Allied Planning & Engineering Corporation (Jordan) AISHA NADAR, Member, FIDIC Updates Task Group (UK) DR. GAMAL NASSAR, Secretary General, Egyptian Society of Consulting Engineers (Egypt) EMHEMMED GHULA, SEWAN (Lybia) ZOLTN ZHONYI, Member, FIDIC Contracts Committee (Hungary) NAEL BUNNI, Chartered Engineer; Chartered arbitrator; Special Adviser, FIDIC Contracts Committee; Leader, FIDIC Subcontract Task Group; FIDIC Adjudicator (Ireland) DR. KAMAL MALAS, Arbitrator and Listed Expert in Dubai Courts (UAE) DR. AHMED FATHI WALY, Contract Administration Consultant, WALY - Arbitration & Contract Administration (Egypt) MICHAEL TURRINI, Partner, White & Case (Abu Dhabi) LEVENT IRMAK, MSc. Civil Engineer, Construction Contracts and Claims Consultant (Turkey) ARTHUR BELL, Managing Director, APB (UAE) ISSAM MIQDADI, Director of Infrastructure & Camp Improvement, UNWRA (Jordan) VOLKER MAHNKEN, Senior Counsel, SIEMENS AG (Germany) RUPERT CHOAT, Head of Construction Disputes, CMS London (UK)
This brochure has been produced using environmentally friendly paper sourced from sustainable forests and is chlorine-free

FIDIC Middle East Contract Users

Doha Marriott Hotel, Qatar 22 & 23 February 2012, Workshops: 21 February
Day 1 22nd February 2012
08:30 09:00 Registration & Coffee Opening Remarks from the Chairman Philip Jenkinson, Principal Consultant, Transport Planning & Management, Atkins; Chair, FIDIC Contracts Committee (UK) Challenges and scope of the new Subcontract Main features of the new form Managing the relationship with the contractor The dispute resolution provisions of the new FIDIC Subcontract Background to the development of an Arabic translation of the Subcontract

Dr Nabil Abbas, General Manager, Abbas Architects & Construction Consultants (Saudi Arabia) Zoltn Zhonyi, Member, FIDIC Contracts Committee (Hungary) 12:00

09:15

Introduction to FIDIC Contracts

Participate in an exclusive insight into the latest developments to updates of the FIDIC suite of major works contracts introduced in 2011, and planned for publication in 2012. Major issues include:
Retrospective look at all major changes introduced in 2011 (including the new Construction Subcontract, the guide to the DBO contract and the new procurement guide) Foreseeable developments in the Rainbow collection, including to the Yellow book and its subcontract Best practices in selecting the most appropriate form of Contact for PPP projects Introduction to the new DBO brown-field approach Strategies for forming a DAB and reinforcing its role Status of the development of the new Arabic versions of the FIDIC suite of contracts

How FIDIC is Helping Shape Doha's FIFA World Cup 2022 Championship - A Case Study
Networking Lunch

12:30

13:45

Plant & Design Build Contract Recent Users Experience

Building upon the Construction Contract session, this panel session will review users experience with particular conditions to the FIDIC plant and Design-Build Contract for key issues such as:
Measurement and evaluation if parts of the works under lump-sum conditions are to be re-measured The technical demands for tests on and after completion Challenges in establishing a programme Performance certificate liability in accordance with governing law

Svend Poulsen, Project Director, Atkins; Chair, FIDIC Updates Committee (Denmark) Gwyn Owen, FIDIC Adjudicator; Member, Dispute Resolution Board Foundation (UK)

10:00

FIDIC Construction Contract Latest Experiences

This special session will review users experiences with particular conditions to the FIDIC Construction Contract that have been developed in several key infrastructure sectors that are major users of the contract. Special attention will be given to key issues including:
14:30 Notices for the extension of the time completion The employers duty to make available all relevant data The employers duty regarding the supply of data past the base date

Fawzi Abu Moghli, Buildings Supervision Director, Arabtech Jardaneh Group (Jordan) Dr Gamal Nassar, Secretary General, Egyptian Society of Consulting Engineers (Egypt)

Pursuing Claims under FIDIC Contracts Regional & International Insights

Developments in presenting and pursuing a claim under a FIDIC Contract with particular reference to:
Time bars Documentation and compliance with applicable laws Effect of delay damages on an extension of time Effect of works not being ready for testing Considerations concerning removal of items from the site Expectations of the Dispute Adjudication Board

Sebastian Hoek, Partner, Hoek, Steiglmeier & Kollegen, FIDIC Adjudicator (Germany) Dr. Kamal Malas, Arbitrator and Listed Expert in Dubai Courts (UAE) 10:45 Morning Coffee Break

11:15

The New FIDIC Construction Subcontract What you Need to Know

This session will focus on everything you need to know regarding the final version of the new FIDIC Construction Subcontract that has been published in September 2011 for use with the FIDIC Construction Contract, both the 1999 Edition and the MDB Harmonised Edition. Special attention will be given to the recent changes added to the final version of this form and what they mean for all parties. Attention will then focus on the important dispute resolution provisions of the new FIDIC Subcontract.

Dr. Munther Saket, Contracts Consultant, Allied Planning & Engineering Corporation (Jordan) Aisha Nadar, Member, FIDIC Updates Task Group (UK) Dr. Nabil Abbas, General Manager, Abbas Architects & Construction Consultants (Saudi Arabia) 15:15 Networking Break & Refreshments

To register or for the latest programme: www.ibclegal.com/fidicme

Gain up to 17 SRA hours!

17 hours (both conference days and all 3 workshops) 15 hours (both conference days & 2 workshops) 13 hours (both conference days & 1 workshop) 11 hours (both conference days)

"I appreciate the "local flavour" of the event and the openness of the contract committee to explain the changes envisaged and listening for suggestions from the audience" O Valentina, AB RESOLUTION

15:45

The New FIDIC Procurement Guide

This new guide was published in late 2011, and offers guidance and information on all phases of the procurement process. Issues to be discussed include:
Challenges & scope of the new procurement guide Successfully using the new procurement guide Best practices in consultant selection New standards in obtaining tenders

10:30

FIDIC EPC/Turnkey Contract Recent Experience

Discuss how possibilities for additional payment and additional time are limited to a greater degree than under traditional contracts. Analyse examples adapting the contract through appropriate particular conditions, for example: to make it suited to a particular type of project or a performance based contract that includes projectspecific obligation on the contractor; to make the project bankable; to take account of specific lender requirements.
How additional payment and additional time are limited Design liability and front-end engineering design Handling unforeseen physical conditions Multiple Turnkey contracts Defining employers requirements and pre-completion control Contract termination Variation and payment

Philip Jenkinson, Principal Consultant, Transport Planning & Management, Atkins; Chair, FIDIC Contracts Committee (UK) Zoltn Zhonyi, Member, FIDIC Contracts Committee (Hungary) 16:30

Selecting the Most Relevant Form of Contract in Reconstruction Projects

Increasingly specialized attention is being put on retrofitting existing infrastructure, or redeveloping existing plant and facilities. Suitable contracts are required for these projects, with several options available from FIDIC. This session will focus on the issues, and the contract options.
Short forms of contract (the green book) Use of the MDB Harmonized Contract The Brown-Field DBO

Levent Irmak, MSc. Civil Engineer, Construction Contracts and Claims Consultant (Turkey) Rupert Choat, Head of Construction Disputes, CMS London (UK) 11:00 11:20 Morning Coffee Break

Cost Management in FIDIC Conditions of Contract

Cost and payment management are a large part of the balanced reputation of a FIDIC contract. Find out how best to use these financial tools to enhance and maintain the relationship between parties.
Cost model through the FIDIC contracts Correct use of bank guarantees How can changes in legislation impact cost Adjustments for changes in cost Payment issues in claims and DAB

Emhemmed Ghula, SEWAN (Libya) Issam Miqdadi, Director of Infrastructure & Camp Development UNWRA (Jordan) 17:00 End of Day 1 Followed by Drinks Reception

Day 2 23rd February 2012

09:00 09:30 Morning Coffee Introduction to Day 2

Christopher Seppl, Legal Advisor, White & Case; Special Advisor, FIDIC Contracts Committee (France) Andy Hewitt, Construction Contracts and Claims Consultant, Hewitt Construction Consultancy FZE (UAE) 12:05

09:45

Salient Features and Expected Experience in Using the FIDIC DBO Contract
A review of the main provisions of the FIDIC Design-Build-Operate Contract that combines design, construction and long-term operation and maintenance of a facility into a single contract awarded to a single contractor, with a focus on:
Effectively using the new DBO guide for project management Special provisions for the brown-field scenario Elements of contract bearing upon future development of other FIDIC contracts

Application of FIDIC Conditions of Contract under Laws in the Middle East

General conditions of contract in FIDIC documents are often considered best practice and can be applied worldwide. Learn and discuss how these topics apply in a Middle Eastern context.
Alignment of FIDIC CoC with the applicable law Compatibility of the FIDIC Conditions of Contract with Civil Code jurisdictions Application under Sharia law

Nael Bunni, Chartered Engineer; Chartered arbitrator; Special Adviser, FIDIC Contracts Committee; Leader, FIDIC Subcontract Task Group; FIDIC Adjudicator (Ireland) Svend Poulsen, Project Director, Atkins; Chair, FIDIC Updates Committee (Denmark) 13:00

Nael Bunni, Chartered Engineer; Chartered arbitrator; Special Adviser, FIDIC Contracts Committee; Leader, FIDIC Subcontract Task Group; FIDIC Adjudicator (Ireland) Arthur Bell, Managing Director, APB (UAE) Aisha Nadar, Memeber, FIDIC Updates Task Group (UK) Networking Lunch

Bookings Hotline +44 (0)20 7017 5503

"A very well organised conference with high level attendees. Worth attending" R Karawani, KARAWANI LAW FIRM
14:00

To register or for the latest programme:

www.ibclegal.com/fidicme
The dispute phenomenon: how disputes arise and what constitutes a dispute Amicable settlement in context what are the options? Dispute resolution under FIDIC Contracts in the Middle East Developments in alternative Dispute Resolution Making international arbitration work Recent developments in international arbitration Obtaining assistance from the local Courts to assist in the Resolution of disputes and enforcement of awards

The Role of the Engineer

The engineer should play the central role in the administration of a FIDIC Contract. This session will look at the way the Engineers role has evolved over the years with particular emphasis on how it is envisaged to be in the 1999 FIDIC Red and Yellow Books, how that role had developed in practice and what the future may hold for the role of the engineer. As employers increasingly look to limit the authority of the engineers role, what does this mean for the engineer and for the contractor?
The key role of the engineer in the FIDIC contract Foreseeable developments in the engineers position Powers of the engineer Managing the contractors performance

Ellis Baker, Head of Construction Practice, White & Case (UK) Dr. Kamal Malas, Arbitrator and Listed Expert in Dubai Courts (UAE) Michael Turrini, Partner, White & Case (Abu Dhabi) Aisha Nadar, Member, FIDIC Updates Task Group (UK) Ahmed Fathy Waly, Assistant Professor, American University in Cairo; Contract Administration Consultant, WALY - Arbitration & Contract Administration (Egypt) Levent Irmak, MSc. Civil Engineer, Construction Contracts and Claims Consultant (Turkey) 14:45 15:15 Networking Break & Refreshments 17:30 Close of Conference

Previous Delegates Say:

"An interesting and eye opener conference with regards the recent development of FIDIC forms of contract, and delegates experiences" (R Hussain, EWAAN) "I appreciated the opportunity to hear from FIDIC committee members and understand how contracts are evolving" (F Leech, TAJSEI CORPORATION) "I enjoyed talking to FIDIC drafters" (F Moglie, Arabtech Jardaneh) "The wide range of attendees has been refreshing" (A van den Broeke)

DAB Procedures Key Issues and Current Challenges

Dispute Adjudication Boards (DAB) have been introduced as FIDICs method for primary dispute resolution and have been made mandatory for the MDB harmonised Construction Contract. Hear about the latest understanding of the role and function of the dispute resolution mechanisms in FIDIC contracts. Review recent developments on how dispute resolution mechanisms are set up and managed. Special attention will be given to recent court decisions on failure to comply with DAB decisions; and also to the enforcement of such decisions. Construction industry trends affecting disputes The role and functions of the DAB Best practices in setting up a successful DAB DAB member and adjudicator selection Cost savings and other benefits resulting from the introduction of DABs Enforcement of DAB decisions by partial award Perceived barriers Recent examples of successful DAB use in the region Dr. Munther Saket, Contracts Consultant, Allied Planning & Engineering Corporation (Jordan)
Volker Mahnken, Senior Counsel, SIEMENS AG (Germany) Gwyn Owen, FIDIC Adjudicator; Past President, Dispute Resolution Board Foundation (UK) Nicholas Gould, Partner, Fenwick Elliott (UK)

Join a wide range of companies at the leading FIDIC Contract Users' forum for the ME region
Companies who have sent one or more attendees previously:
Kuwait Oil MAN Enterprise United Nations Relief and Works Agency First Gulf Bank Engineering Contracting Co Abu Dhabi Municipality Harinsa Constructing Alabniah Precast Concrete Buildings Factory Voltas SK Engineering & Construction Aedas National Water Co, Saudi Arabia Public Works Authority, Qatar Arriyadh Development Authority Bloom Emirates Properties Gardiner & Theobald Fairway Hamilton International Degremont AB Resolution Mubarak Marine Hadef Impresa Costruzioni Giuseppe Maltauro Hill International Al Futtaim Willis Energy Central Co, Bahrain Abu Dhabi Aircraft Technologies Systech Audex Fujairah Descon Engineering Ltd Middle East Dredging Ince & Co AES Sonel Metito Overseas Eastern Province Cement Savola Foods London Mining Company Davis Langdon Biad Development Co Al Maabar Intl Investments Amana Contracting & Steel Buildings CH2M HILL Iberdrola Qatar Project Management SKB Engineering & Construction Tudor Rose Partnership Al Habtoor STFA Soil Group Ewaan Global Residential 39 Essex Street Dutco Group AKTOR GibConsult

16:30

Arbitration & Alternative Dispute Resolution in the Middle East

This session considers the opportunities for avoidance and early resolution of disputes under the FIDIC contract provisions. This is intended to equip the representatives and advisors of the Parties and the Engineer to make good choices in moving towards effective-and cost effect-resolution. Given the volume of activity in the Gulf region, the session will focus in particular on conditions in the region.

and many more!

To register or for the latest programme: www.ibclegal.com/fidicme

FIDIC Middle East Contract Users Conference

Doha Marriott Hotel, Qatar 22 & 23 February 2012, Workshops: 21 February 2012
Dear Colleague, Following the resounding success of last year's FIDIC Middle East Contract Users Conference I am delighted to announce the third annual staging of this event on 22nd & 23rd February 2012 in Doha. If you attended the conference in February 2011 you will already know this was attended by more than 140 professionals from across Middle Eastern countries including, UAE, Saudi Arabia, Qatar, Jordan, Egypt, Syria, Libya, Lebanon, Kuwait and other regions, making this an incredibly successful FIDIC Contract Users event. Early indications are that the programme we have the pleasure of enclosing today will once again attract considerable interest from delegates across the Middle East. So dont miss this opportunity to join your peers at the regions most talked about FIDIC meeting and benefit from up to the minute updates from the FIDIC task groups on: Selecting the Most Relevant Form of Contract in Reconstruction Projects Cost Management in FIDIC Conditions of Contract The latest experience with the FIDIC Construction Contract & new Constructio n Subcontract The recent experience with the Plant & Design Build, EPC/Turnkey and DBO Contracts Claims under FIDIC Contracts Application of FIDIC Conditions of Contract under laws in the Middle East The new FIDIC Procurement Procedure Guide DAB procedures, arbitration and ADR FIDIC Middle East Contract Users Conference is rapidly establishing itself as a mustattend on the diaries of hundreds of contract users across the Middle East, so join us as well and be part of this exclusive event. We look forward to seeing you there! Best wishes

Plus! Dont Miss the Three Pre-Conference Workshops

Workshop A 21st Feb. 2012, 08:30 - 11:30

Introduction to FIDIC Contracts

Attend this pre-conference workshop to refresh your knowledge of the rainbow suite of FIDIC contracts. FIDIC contract experts will take you through the entire rainbow book collection and explain in detail the specificities and purposes of each form. Hear a summary of how FIDICs works contracts have become widely used industry standards. Receive an update on the use, sale, translation, licensing, and recent developments of FIDIC contracts, worldwide. Discuss work in progress and future developments. Participate in exercises exploring key concepts embodied in the FIDIC contracts
Coverage Includes Different contract strategies addressed by the FIDIC suite Detailed analysis of the FIDIC rainbow collection of forms of contract: - Green Book - Red Book - Yellow Book - Silver Book Risk allocation and business processes for the FIDIC suite The growing influence of FIDICs suite of contracts in establishing world-class industry standards How FIDICs major works contracts are being used worldwide Comparative advantages of FIDIC in relation to other forms of contract Emerging FIDIC users regions and hot spots

Workshop Leader: Aisha Nadar, Member, FIDIC Updates Task Group (UK)
Franois Baillon FIDIC Michele Costa IBC Legal

Workshop B 21st Feb. 2012, 11:30 - 14:00

FIDIC: Enabling International Dialogue

FIDIC is the international federation of national associations of consulting engineers. The members of each national association comply with FIDICs code of ethics which calls for impartial advice, competence and fair competition Today FIDIC membership numbers 84 member associations from all parts of the globe and represents most of the independent practising engineers in the world FIDIC acts as a forum for the exchange of views and information and actively encourages the discussion of matters of mutual concern among member associations. FIDIC publishes best-practice guides as well as widely used and internationally recognised services agreements and works contracts FIDIC can be contacted by telephone on +41 (22) 799 4900, or visit the website at www.fidic.org.

Advanced Dispute Resolution Strategies in the Middle East

Take an in-depth look at the various dispute resolution tools on offer in this region and assess the pros and cons of each approach for your particular projects. Covering adjudication, mediation, international arbitration and DABs and how FIDIC related disputes can be resolved using these procedures, there will be a focus on the preference for conciliation and amicable settlement in the Middle East region and how the FIDIC contracts are attuned to this. Workshop Leader: Rupert Choat, Head of Construction Disputes, CMS London (UK)

*30% discount for companies that are headquartered in Africa or the following Asian countries - Afghanistan, Bangladesh, Bhutan, Burma, India, Iran, Iraq, Kazakhstan, Kyrgyzstan, Mongolia, Nepal, Pakistan, Tajikistan, Turkmenistan, Uzbekistan, Yemen. Please note the attending delegates must also be based in one of these countries. To apply, please email ted.bailey@informa.com

Workshop C 21st Feb. 2012, 14:30 - 17:00

Dispute Boards: Using them to Make Projects Successful

Dispute Boards are gaining increasing acceptance on international projects largely due to their inclusion in FIDIC General Conditions of Contract for more than 10 years. The use of Dispute Boards promises projects that are free of the disruptions often caused by intractable adversarial disputes. They also present unique opportunities and challenges. With thoughtfully constituted Dispute Boards to whom claims and defenses are effectively presented, parties can gain strong advantages in the battles over major claims. Effective Dispute Boards and effective advocacy before them can make the difference between profit and loss, success and failure. In other cases, battles can be lost seemingly before they begin. Workshop Leader: Nicholas Gould, Partner, Fenwick Elliott (UK)

STRATEGIC PARTNER
White & Case is a leading global law firm with lawyers in 36 offices across 25 countries. The White & Case Construction & Engineering group assists clients around the world on all their construction-related needs, from drafting of tender and project documentation to the resolution of disputes which may arise out of a construction project.

Proactively reaching new clients should be a priority.

ASSOCIATE SPONSOR
Fenwick Elliott is the UKs largest specialist construction law firm working with international clients in the building, engineering and energy sectors, including oil, gas and power. Our expertise includes procurement strategy; contract documentation and negotiation; risk management and dispute avoidance; project support; and decisive dispute resolution, including international arbitration, mediation and adjudication.

How are you raising your profile and exploiting your firm's USPs in the current market? Marketing your organisation at this year's exciting FIDIC Middle East Contract Users' Conference is a compelling way to communicate your unique expertise and brand to senior Construction & Engineering professionals responsible for complex FIDIC Contract issues in the Region. We tailor sponsorship and exhibition packages specifically to help you meet and influence the people who are going to ensure your firm's continued growth and success now and in the future. For more details on current opportunities please contact Ayo Fagbohun on +44 (0)20 7017 4196 or e-mail ayo.fagbohun@informa.com

To register or for the latest programme: www.ibclegal.com/fidicme

FIDIC Middle East Contract Users Conference

Doha Marriott Hotel, Qatar 22 & 23 February 2012, Workshops: 21 February
WHEN AND WHERE
FKW82257 22 & 23 February 2012, Workshops: 21 February

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Doha Marriott Hotel, Qatar Ras Abu Aboud Street, P.O. Box 1911, Doha,Qatar Tel:+974 4429 8888 Fax:+974 44 418784

Delegates are responsible for the arrangement and payment of their own travel and accommodation. Informa has arranged a special room rate at a number of hotels. If you wish to book a room, please call Zibrant, call +44 (0)1332 285590; email informa@zibrant.co.uk or visit www.zibrant.co.uk/inform. Please state that you are an Informa delegate.

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Specify your workshop(s): Workshop A 21st Feb. 2012, Morning: Introduction to FIDIC Contracts Workshop B 21st Feb. 2012, Mid-morning: Advanced Dispute Resolution Strategies in the Middle East Workshop C 21st Feb. 2012, Afternoon: Dispute Boards: Using them to Make Projects Successful
200 discount for 3rd and subsequent delegates. *30% discount for companies that are headquartered in Africa or the following Asian countries - Afghanistan, Bangladesh, Bhutan, Burma, India, Iran, Iraq, Kazakhstan, Kyrgyzstan, Mongolia, Nepal, Pakistan, Tajikistan, Turkmenistan, Uzbekistan, Yemen. Please note the attending delegates must also be based in one of these countries. To apply, please email ted.bailey@informa.com. Please note the conference fee does not include accommodation or travel costs. All discounts can only be claimed at the time of registration and multi-booking discounts cannot be combined with other discounts that may be available (apart from early booking discounts which are available to everyone). All discounts are subject to approval. We are happy to accept a replacement delegate for the whole event, however delegate passes cannot be split or shared between delegates under any circumstances.

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