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Newsletter - May 2026

In this newsletter you can find:

  • Chairman's Note
  • Next ESCL Webinar: Building in Latam: what European companies should know
  • ESCL Conference 2026 in Istanbul
  • 4th Annual Construction Law Conference of SCL Turkiye-11 June 2026, Istanbul
  • The abdicative renunciation of real estate ownership: between jurisprudential consecration and legislative intervention- Conference of the Italian Society of Construction Law (ISCL)-18th June 2026, Milan
  • Construction Law Conference-organized by SCL Turkiye and SCL Romania in Ankara
  • 1st Eastern European Conference-Construction Across Borders
  • Promotion of events
 

Chairman's Note

Dear Colleagues and Friends,

It is a pleasure to introduce our May newsletter, which highlights a vibrant period of collaboration and growth for the European Society of Construction Law (ESCL) and our national societies.

In particular, we have an exciting lineup of events designed to foster international dialogue:

  • ESCL Webinar (20 May 2026): We will explore "Building in Latam," focusing on the legal and contractual nuances European companies face when operating in Latin America.
  • 4th Annual SCL Turkiye Conference (11 June 2026): Held in Istanbul, this unmissable event will bring together industry leaders and stakeholders from the local and international markets.
  • ISCL Conference (18 June 2026): The Italian Society of Construction Law will host in Milan a deep dive into the "abdicative renunciation of real estate ownership," analyzing critical new Italian legislation and Supreme Court rulings.

It is also time to celebrate our success!

In particular, the Türkiye – Romania Conference in Ankara (15 April) successfully bridged legal and commercial perspectives between these two markets.

Furthermore, the 1st Eastern European Regional SCL Conference in Belgrade (27 April) was a milestone, welcoming 159 professionals and setting the stage for our next regional gathering in Sofia in 2027.

What about the future?

I encourage you to prepare for the ESCL Annual Conference in Istanbul on 23-24 October 2026. Under the theme "Global Turmoils: Uncertainties in Construction Projects," we will tackle the most pressing challenges in our industry today.

Thank you for your continued dedication to the advancement of construction law.

 

Warm regards,

Roberto Panetta

Chairman of Council, ESCL

Next ESCL Webinar: "Building in Latam: what European companies should know"

Date: 20th May 2026

Time: 18.30-19.30 CET (UTC+1)

Title: Building in Latam: what European companies should know"

We will comment the lessons learnt by our panelists about the main issues that European companies should consider when carrying out construction projects in the Latin American region. The topics will include peculiarities to be considered at the tender stage; types of contracts and how they are used; how to handle variations, etc. We will benefit from the extensive experience of our two speakers who have participated in numerous projects in the region while also having a deep knowledge of European construction companies.

 

Speakers:

Susana Bravo: Head of Legal & Compliance for Latam at Ferrovial Construcción. She is a senior lawyer specializing in the Infrastructure and Energy sectors. Her professional experience spans both domestic and international contexts, primarily within multinational companies engaged in the engineering, construction, and operation of all types of transport, mobility, and energy infrastructure, as well as building projects. 

Ricardo Cuesta: Ricardo is a construction lawyer and arbitrator with more than 30 years in the industry. He has been General Counsel to an international construction Group for 27 years and now accompanies construction companies and developers to deal with their daily challenges with complex international projects.

 

Moderator: Ignacio Santabaya. Ignacio is a partner at the Litigation & Arbitration department of Pérez-Llorca. He is a member of the council of the ESCL and chairs the Club de Derecho de la Construcción y la Ingeniería (CDCI), the Spanish society of the ESCL.

 

Target group

The ESCL Webinars are meant for lawyers and people interested in European Construction Law and Alternative Dispute Resolution methods.

 

Registration

Via Microsoft Teams: details will be provided upon request of registration.

Registration is open until 20th May 2026 completing the online form available on www.escl.org.

All webinars are free of charge.

Registration and more information/

ESCL Conference 2026 in Istanbul 

Next year's conference will take place on 23-24 October 2026 in Istanbul (Turkey). The topic of the event will be "Global Turmoils: Uncertainties in Construction Projects".

The event will be held in person and will consist of a full day of sessions on 23 October 2026 and a 2-hour workshop on 24 October 2026.

The General Assembly of the European Society of Construction Law will also be held on 24 October 2026 which will be attended only by the delegates of the national SCLs.

This conference aims to bring together construction law professionals, industry leaders and academia from Europe, Turkiye and around the globe while also engaging key stakeholders from the local market.

At this conference, SCL Turkiye and ESCL would like to facilitate brainstorming sessions among participants from Europe and all over the globe about a healthier built environment which is under the pressure of harsh “Global Turmoils: Uncertainties in Construction Projects.”

All accepted abstracts will be published in the conference proceedings and delivered during the conference.

Submitted abstracts related to:

  • Recent developments in Construction Law in line with the conference theme including their impacts on the resolution of construction disputes in different jurisdictions.
  • Funding Construction Projects as well as Construction Disputes
  • Sustainability, Use of AI and Construction Industry
  • Management of changes in the industry with a particular focus on digitalisation
  • Cost, time, and commercial management in construction projects

were evaluated by the Academic Committee of SCL Turkiye and 12 abstracts from 9 jurisdictions were selected.

All accepted abstracts will be published in the conference proceedings and delivered during the conference.

Important deadlines are:

  • Full Paper Submission Deadline: 31 August 2026
  • Registration Deadline: 15 October 2026
  • Conference Dates: 23-24 October 2026

Please send your papers to ESCL2026@sclturkey.org with info@sclturkey.org in cc

 

4th Annual Construction Law Conference of  Society of Construction Law Turkiye -11 June 2026, Istanbul, Turkiye

The Society of Construction Law Turkiye is pleased to announce its 4th Annual Construction Law Conference, which will be held in Istanbul, Turkiye, on 11 June 2026.

The event will be held in person and will consist of a full day of sessions.

The annual conference aims to bring together construction law professionals and industry leaders from Turkiye and around the world, while also engaging key stakeholders from the local market, including contractors, employers, engineers, and consultants.

 

"The abdicative renunciation of real estate ownership: between jurisprudential consecration and legislative intervention"- Conference of the Italian Society of Construction Law (ISCL)- 18th June 2026, Milan, Italy

On June 18 at 3 p.m. at Joivy in Viale Monte Nero n. 6 in Milan the usual pre-summer conference of  the Italian Society of Construction Law (ISCL) the  will be held dedicated, this year, to "The abdicative renunciation of real estate ownership: between jurisprudential consecration and legislative intervention".

For decades, the issue of the abdicative waiver (rinuncia abdicativa) of ownership rights over real property has represented one of the most complex and debated theoretical and practical cruxes within the landscape of Italian civil law. Characterized by a profound conflict between scholars and case law, the legal instrument has oscillated between the affirmation of its general admissibility—as the ultimate expression of an owner’s power of disposal—and its denial, in the name of the social function of property and the protection of public interests.

Recently, a landmark turning point has been reached. First, the Italian Supreme Court, with the historic ruling No. 23093 of August 11, 2025, resolved the conflict by clearly establishing the admissibility of the abdicative waiver of real property. Subsequently, only a few months later, a new law (Article 1, Paragraph 731, of the Budget Law of December 30, 2025, No. 199) introduced a provision that, in practice, heavily conditions the effectiveness of the instrument, effectively paralyzing its innovative scope.

This dynamic and complex scenario demands in-depth, multidisciplinary reflection.

This conference aims to analyze in detail the nature, effects, and limits of the abdicative waiver, comparing the dogmatic reconstruction offered by the Supreme Court with the new law. The objective is to provide notaries, lawyers, judges, and academics with a comprehensive framework for navigating a radically altered regulatory and interpretive landscape, exploring the civil, administrative, fiscal of the "new" abdicative waiver.

Free event and in the process of accreditation with the Bar Association.
Registration is open by writing to info@iscl.it

The conference titled “From Investment to Dispute Resolution: Türkiye – Romania Conference”, held on 15 April 2026, was jointly organized by SCL Türkiye and SCL Romania and held in Ankara with the support of the Turkish Contractors Association.

The event brought together legal practitioners and industry representatives to discuss key issues concerning cross-border construction projects, with a particular focus on the Romanian market.

The conference commenced with opening remarks delivered by Erdal Eren, President of the Turkish Contractors Association; Doru Liciu, Chargé d’Affaires, Embassy of Romania in Ankara; Yasemin Çetinel, President of SCL Türkiye; and Razvan Rugina, President of SCL Romania. The opening speeches emphasized the importance of international collaboration and the growing need for alignment in legal and commercial practices in cross-border construction activities.

The conference program consisted of three panel sessions addressing different aspects of investment, public contracts, and dispute resolution:

Panel 1:

Investment in Romania was moderated by Sercan Kulaksızoğulları. The panel featured Magdalena Ghioca, S. Geambazu, Florin Niculescu, and Turgut Aycan Özcan.

The panel addressed the legal and regulatory framework governing investments in Romania, as well as current opportunities and challenges in the market. Discussions also covered practical and cultural considerations for investors entering the Romanian market, together with the role of investment treaties and dispute resolution mechanisms in the context of cross-border investments.

Panel 2:

Public Contracts in Romania was moderated by Başar Şahin, with contributions from Petru Nicolae, Giovanni Di Folco, Silviu Munteanu, and Alper Sabuncuoğlu.

The panel focused on public procurement processes in Romania, including tendering practices, applicable legal frameworks, and key challenges encountered in public contracts. The discussions also addressed dispute resolution mechanisms, joint venture structures, and practical aspects relating to the involvement of Turkish contractors in the Romanian market.

Panel 3:

Construction Contracts and Dispute Resolution was moderated by Ekrem Kaya, with contributions from Matei Purice, Angelina Boca, Bilge Müftüoğlu, and İdil Bozoğlu.

The panel covered developments in construction contracts and dispute resolution, including economic rebalancing mechanisms in response to market changes, the impact of technological developments such as artificial intelligence, and the effects of recent geopolitical developments. The discussions also included contractor–subcontractor disputes and the use of interim measures.

Participants, primarily consisting of industry professionals, actively engaged in the discussions by raising questions at the end of each panel. These interactive Q&A sessions contributed to a more in-depth examination of the topics discussed and enhanced the overall effectiveness of the conference.

Overall, the conference provided a structured platform for the exchange of knowledge and practical experience, contributing to a better understanding of the legal and commercial dynamics of cross-border construction projects and fostering professional interaction between stakeholders from Türkiye and Romania.

 

1st Eastern European Regional SCL Conference “Construction Across Borders”

THE 1ST EASTERN EUROPEAN REGIONAL SCL CONFERENCE

The Society of Construction Law Serbia was proud to host the 1st Eastern European Regional SCL Conference "Construction Across Borders" on 27 April 2026 in Belgrade. The conference brought together 159 construction law professionals from across Eastern Europe and beyond, marking a significant milestone in the development of a more connected and collaborative regional construction law community.

 

A Shared Vision Made Real

The conference was co-organised by the Bulgarian, Hungarian, Polish, Romanian, and Turkish Societies of Construction Law, in association with ESCL, Society of Construction Law International, ICC International Court of Arbitration, ICC Serbia and the Serbian Chamber of Commerce. What began as a shared ambition to create a dedicated forum for Eastern European construction law professionals, became a full-day programme of substantive discussions, expert keynotes, and cross-border exchange.

The event was opened by Milan Perić, Chair of SCL Serbia, whose remarks set the tone for a day defined by collaboration and a common purpose. Introductions to each participating society were delivered by Victoria Penkova (SCL Bulgaria), Éva Sándor (SCL Hungary), Stanisław Koziarski (SCL Poland), Răzvan Rugină (SCL Romania), and Sercan Kulaksızoğulları (SCL Türkiye).

 

The Programme

The conference was structured around four thematic panels, each combining a keynote address with a 75-minute multi-country panel discussion. Each panel featured 6 panellists, each selected by their respective society ensuring a truly regional perspective on every topic discussed.

 

Panel 1: Financing & Procuring Infrastructure Projects.

The first session opened with a keynote by Alexandru Stoea, Associate Director and Project Implementation Advisor at the EBRD, who addressed the challenges and opportunities of financing infrastructure projects with international financial institutions. The panel explored whether rated criteria and qualitative factors can genuinely improve value for money in construction procurement, while debating the adequacy of existing frameworks to handle risk allocation, design responsibility, and delivery models and whether dedicated construction procurement legislation or better best practices are the right path forward.

 

Panel 2: Construction & Contracting in the Nuclear Sector

Jens Bürkle, delivered the keynote on tailored risk allocation in nuclear construction and the adaptation of standard contract forms to the specific realities of nuclear projects. The panel that followed examined how Eastern European jurisdictions are approaching the legal and contractual challenges posed by the growing nuclear construction in the region.

 

Panel 3: Digital Technologies & AI on Construction Sites and in Dispute Avoidance/Resolution

Živa Filipič, Managing Counsel at the ICC International Court of Arbitration, provided a compelling keynote on the use of AI by parties in arbitration proceedings and the ICC's evolving approach to these developments. Panelists then explored how digital transformation is reshaping both construction site operations and dispute resolution practice.

 

Panel 4: Dispute Avoidance and Dispute Resolution Mechanisms

The closing session featured a keynote by Donny Mackinnon, Chartered Arbitrator and Certified Adjudicator, on the role of adjudication within the construction ADR toolkit. The final panel discussed how dispute avoidance and resolution mechanisms are being applied and could be further developed in the regional context.

 

Looking Ahead

The success of the Belgrade conference reflects a genuine appetite among Eastern European construction law professionals for greater regional cooperation and knowledge exchange. The breadth of topics covered demonstrated both the complexity and the dynamism of construction law practice across the region.

SCL Serbia and its co-organising partners extend their sincere gratitude to all speakers, panellists, sponsors, and participants who ensured that the conference was a success.

We look forward to building on the connections made in Belgrade and to the next chapter of Eastern European SCL cooperation.

The 2nd Eastern European Regional SCL Conference "Construction Across Borders" will be held in Sofia, Bulgaria on 22-23 April 2027 and hosted by the Bulgarian Society of Construction Law. 

Save the date!

 

Promotion of events

Events organised by the National Societies of Construction Law or other organisations with an ESCL reference can be published on the ESCL Website or mentioned in the ESCL Newsletter. Send your events, with short description in English and a link to the event on your website to info@ibr.nl

 

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If you have any questions please contact:
Prof. Dr. E.M. (Evelien) Bruggeman (Secretary of the ESCL)
E. (Ellen) Boomer-van der Ploeg
V. (Victoria) Penkova (Member ESCL Council)
Tel.: +31 - (0)70 3245544
E-mail: info@ibr.nl

 

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