Italian Society of Construction Law

Ing. Marcello VIGLINO

PERSONAL DATA

Nationality: Italian

Date of birth: 1 April 1967

EXECUTIVE PROFILE

Marcello Viglino is a chartered civil engineer who has been involved in construction projects overseas for 20 years, working for international contractors on highways, bridges, tunnelling, HPP and other heavy civil engineering projects in Eastern Europe, Africa, CIS countries, and the Middle East. He currently works for Salini-Impregilo, the largest Italian contractor, where he oversees the management of claims and disputes on several international construction contracts. During his career in the construction industry, Mr. Viglino has been actively involved in settling many disputes through negotiation, Dispute Board and Arbitration proceedings. Mr. Viglino holds a first class degree in civil and structural engineering from the University of Cagliari (Italy), an MSc in civil engineering from the University of Leeds (UK) and an MSc in Construction Law & Dispute Resolution from the King’s College London. He is a chartered member of the Institution of Engineers in Italy, a member of the Chartered Institute of Arbitrators in the UK and a member of the Dispute Resolution Board Foundation in the USA.

EDUCATION

2011, King’s College London – UK

MSc in Construction Law and Dispute Resolution

This Degree is generally regarded as the premier post-graduate degree relating to dispute resolution in construction, especially in international, or transnational, construction contracts. It is a two-year course focusing on law and practice of construction and dispute resolution. It involves successful completion of four taught modules (two each year), passing end-of-year examinations, and writing a dissertation which is accepted as meriting the award of the Degree.

I was granted second year status because I held already the King’s College Postgraduate Certificate in Construction Adjudication (see below).

One of the modules of the MSc course deals with international and domestic arbitration, including an intensive session on International Commercial Arbitration tutored by the Chartered Institute of Arbitrators. The module also includes further taught sessions regarding the writing of Adjudication decisions and the writing of arbitral Awards.

My Master’s Dissertation titled “Can Parties to a FIDIC Contract Safely Decline Giving Effect to a DisputeBoard’s Decision?” deals with the problems that parties to FIDIC contracts are faced with when seeking to give effect to a Dispute Board’s decision with which the contract parties do not comply voluntarily. It analyses the then latest developments in Arbitration decisions and learned commentaries regarding the enforceability of those decisions.

2010, King’s College London – UK

Post-graduate Certificate in Construction Adjudication

One-year course dealing with the general law affecting construction, in particular the law of contract, and analysing the UK statutory framework for adjudication and its inter-relationship with forms of contract and the English Courts’ intervention. It considers the procedural and drafting issues that arise in adjudications.

The study structure involved successful completion of four taught modules (two each term) on construction adjudication, including issue analysis, decision making, and the writing of decisions. Also required was successful completion of end of year examinations. One of these examinations including the writing of a decision in an adjudication case structured by the Degree examiners.

1997, University of Leeds – UK

MSc in Strengthening and maintenance of civil engineering structures

One year full time course dealing with construction material properties, performance and durability; the investigation, assessment and monitoring of structures in service; the techniques for repair, strengthening and maintenance of structures.

1995, University of Cagliari – Italy

First Class Honours Degree in Civil-Structural Engineering

Five-year course covering the broad field of the subject, providing a traditional general civil and structural engineering education.

PROFESSIONAL EXPERIENCE

February 2015 – present, Salini-Impregilo SpA – Rome, Italy

Area Contract Manager

Management of claims and disputes on several international construction contracts (mainly under FIDIC Red, Pink, Yellow and Silver books), including their settlement through negotiation, Dispute Board and/or Arbitration proceedings.

This position with Salini-Impregilo entails the same tasks that I was carrying out with Todini Costruzioni Generali (see below), now a company of the Salini-Impregilo Group, and so I use the present tense below.

September 2006 – January 2015, Todini Costruzioni Generali Spa (from 2010 part of the Salini Group) – Rome, Italy

Overseas Contracts Department

Management of contracts (mainly under FIDIC Red, Pink and Yellow books), claims and disputes in connection with overseas projects in Eastern Europe, CIS countries and the Middle East.

Main tasks included preparation of claims for the Engineer, settlement of disputes, referrals to the Dispute Boards and in-house case manager instructing and supporting legal counsel throughout their involvement in Dispute Board work and where unavoidable, arbitration of disputes.

Particularly, I lead in the selection of DAB/DB members and arbitrators, the selection of legal counsel and expert witnesses, drafting or supervision of drafting of written submissions, participation in planning of each stage of the Referral to the DB or the arbitration, up to and including the decision of the DAB, and subsequent actions including if unavoidable, the commencement of arbitration. After initiation of arbitration under a contract in my Area, I am involved daily on all aspects of the procedure and any efforts to reach an acceptable compromise before Final Award.

Preparation of briefings for senior management with recommendations.

Company’s Branch Manager for Greece and Romania, member of the Board of Directors for the Kallidromo tunnel Joint Venture in Greece. Both branch offices were assigned to me in order to resolve/manage disputes with JV partners in Greece and with Employer and subcontractors in Romania, which I successfully did.

July 2004 – July 2006, Todini Costruzioni Generali Spa – Romania

Contracts Manager for the Romanian Branch

Management of Contract under FIDIC 1999 Red Book and relevant back-to-back subcontracts.

Preparation of claims and submissions to the Engineer under main contract and management of subcontractor’s claims.

Liaising with Engineer, Employer and local authorities on any matter affecting the Works.

Contractor’s representative at Dispute Adjudication Board meetings. Planning Referrals to the DAB, liaising with legal counsel and experts (planning and quantum). Drafting and review of submissions, attendance at DAB hearings and presentation of claims.

April 2003 – June 2004, Todini Costruzioni Generali Spa – Sibiu (Romania)

Construction Manager for the Sibiu Motorway By-Pass Project

Construction Manager on a 53 million Euro motorway project for the Romanian Ministry of Transport under 1999 FIDIC Red Book.

I was given responsibility to set up and start this project in Romania. This included managing all aspects of the organization of the site, the works and the subcontracts.

August 2001 – November 2002, Stirling Civil Engineering Ltd – Kaduna (Nigeria)

Chief Engineer / Deputy General Manager

Main tasks involved coordinating contract, design, quantity surveying, planning and cost control departments in all projects run by the company in the Federal Republic of Nigeria, i.e. over twenty projects for construction of roads, bridges, dams and erosion control systems.

March 1998 – October 2000, Joint Venture Federici-Astaldi-Todini – Romania

Technical Manager for the Bucharest-Pitesti Motorway Project

80 million Euro project for the rehabilitation and upgrading of an existing 96 km motorway for the Romanian Ministry of Transport under 1987 FIDIC Red Book.

LANGUAGES AND COMPUTER SKILLS

Languages: Italian (native), English (proficiency level), Romanian (upper intermediate)

Computer Skills: Microsoft Office package including MS Project

Memberships

Chartered member of the Italian Institution of Engineers – Italy

Member of the Board of Directors of the Italian Society of Construction Law – Italy

Member of the Dispute Resolution Board Foundation (past member of the Region 2 Board of Directors) – USA

Member of the Chartered Institute of Arbitrators – UK

Member of the King’s College Construction Law Association – UK

Conferences and training workshops

Speaker/Session Chair at various Dispute Resolution Board Foundation International and Regional Conferences (Budapest, May 2006 – Bucharest, October 2009 and October 2011 – Genoa, May 2015 – Istanbul, November 2015).

Speaker at FIDIC Regional Conference (Bucharest – Romania, March 2015) on the Management of Variation Claims under FIDIC Conditions of Contract within the constraints imposed by the Public Procurement Law in Romania.

Speaker at Chartered Institute of Arbitrators (European Branch) Annual Conference (Tremezzo – Italy, April 2013) on the Enforcement of Dispute Board decisions rendered under FIDIC Conditions of Contract.

Speaker at AIJA (International Association of Young Lawyers) Annual International Arbitration Conference (Venice, May 2012) providing the user’s perspective on Arbitration as a method for resolving disputes.

Trainer at the DRBF Advanced Training Workshop on Dispute Boards, Santiago (Chile), May 2016

Participant at DRBF Advanced Training Workshops on Dispute Boards, Genoa (Italy), May 2015 and Bucharest (Romania), October 2009

M. Viglino, Can Parties to a FIDIC Contract Safely Decline Giving Effect to a Dispute Board’s Decision?, The Dispute Resolution Board Foundation Forum, Volume 15, Issue 3, August 2011

Politecnico di Milano – Visiting lecturer at the Master in International Construction Management (2017/2018)

Dirextra Construction Business School – Visiting lecturer on International Construction Contracts and Claim Management since 2006

 

 

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