2017 AICM Credit Symposium - Australian Institute of Credit ManagementMark Harley
Unfair Contract Terms – generally and amendments for B2B protection (with some exceptions)
Insolvency Law Reform Amendments – amendment to the definition of “relation-back day” for purpose of the Corporations Act
Dealing with Trust Assets of Corporate Trustees in Liquidation
This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.
Hardship as a Defence against Specific Performance- The Case of Covid 19Badrinath Srinivasan
Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)
Construction industry disputes are frequently arbitrated rather than litigated.This presents general information and common considerations when considering the use and application of arbitration to resolve construction and design deficiency claims. From a Hawaii business focus.
The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.
UK Adjudicators are an Adjudicator Nominating Body (ANB) for the United Kingdom and International construction and engineering industries.
www.ukadjudicators.co.uk
2017 AICM Credit Symposium - Australian Institute of Credit ManagementMark Harley
Unfair Contract Terms – generally and amendments for B2B protection (with some exceptions)
Insolvency Law Reform Amendments – amendment to the definition of “relation-back day” for purpose of the Corporations Act
Dealing with Trust Assets of Corporate Trustees in Liquidation
This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.
Hardship as a Defence against Specific Performance- The Case of Covid 19Badrinath Srinivasan
Presentation made in the ADR Webinar Series conducted by the Indian Institute of Technical Arbitrators (IITArb) and the Kovise Foundation Conflict Resolution International (KFCRI)
Construction industry disputes are frequently arbitrated rather than litigated.This presents general information and common considerations when considering the use and application of arbitration to resolve construction and design deficiency claims. From a Hawaii business focus.
The presentation, made before a discussion group on 26.06.2020, discusses the possible ways forward for the Construction industry in India vis-a-vis resolution of construction disputes arising out of Covid19.
UK Adjudicators are an Adjudicator Nominating Body (ANB) for the United Kingdom and International construction and engineering industries.
www.ukadjudicators.co.uk
Panel discussion on Statutory or Contractual ADR?
Some insights about the development of Security of Payment Legislation in Hong Kong and recent proposal of implementing SOPL Spirit in the public works sector.
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
Your Construction Subcontract. The 23 Points That Matter MostAlex Barthet
Construction contracts in Florida can be especially tricky to navigate. A subcontract is no exception; learn the fundamentals, it could save you a lot of money.
What to Look out for while choosing Arbitration ahead of Regular Litigation.
Essentials of an Arbitration Agreement.
Arbitration Act | ad hoc |Institutional Arbitration |
Get IT in Writing: The IT Pro's Guide to Essential ContractsInsureon
As the owner of a small tech business, you know you could be sued even if you're not at fault. Contracts can help protect you from frivolous lawsuits.
https://it.insureon.com/resources/publications/contracts
The Case for Standard Forms of Construction ContractTom Joseph Mukasa
A public lecture presentation on 8 July 2016 by Tom Joseph Mukasa, (sponsored by the Institution of Surveyors of Uganda) at Kyambogo University, Kampala - Uganda.
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
The author is Sarah Fox 500 Words Ltd and you can get regular tips for construction contracts to help you avoid disputes and the need for dispute resolution methods in her fortnightly tips sheet http://just500words.co.uk/signup.
It is common knowledge that contracts are heart and soul of any business activity. A full proof contract requires vast knowledge of the business world, a thorough understanding of drafting knowledge. Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
Guide for Arbitration Clause in International Agreements in IndiaAnil Chawla
This Guide is useful for companies planning to develop international relationships. It gives an overview of arbitration clause that is an essential part of all international commercial agreements. It also gives an estimate of the costs involved under various options of international arbitration. The last chapter is about pre-arbitration clause which can help one avoid arbitration and associated legal costs.
Article: Instructions issued in the enforcement of public procurement contractsȚuca Zbârcea & Asociații
A topic not too often approached in the doctrine is the mechanism by which the public authority makes sure that the objective of the project is reached, and public interest is satisfied by the fulfilment of the public procurement contra under optimum conditions: the instruction.
Nvc Fund Holding Trust Transaction Platform 2152019FrankEkejija1
NVC Fund Holding Trust, as an international Capital Logistics Management company, owns and manages more than Five Trillion Dollars ($5T USD) of net tangible assets. We provide our clients with direct access to capital to actualize and/or enhance investment opportunities.
Panel discussion on Statutory or Contractual ADR?
Some insights about the development of Security of Payment Legislation in Hong Kong and recent proposal of implementing SOPL Spirit in the public works sector.
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
Your Construction Subcontract. The 23 Points That Matter MostAlex Barthet
Construction contracts in Florida can be especially tricky to navigate. A subcontract is no exception; learn the fundamentals, it could save you a lot of money.
What to Look out for while choosing Arbitration ahead of Regular Litigation.
Essentials of an Arbitration Agreement.
Arbitration Act | ad hoc |Institutional Arbitration |
Get IT in Writing: The IT Pro's Guide to Essential ContractsInsureon
As the owner of a small tech business, you know you could be sued even if you're not at fault. Contracts can help protect you from frivolous lawsuits.
https://it.insureon.com/resources/publications/contracts
The Case for Standard Forms of Construction ContractTom Joseph Mukasa
A public lecture presentation on 8 July 2016 by Tom Joseph Mukasa, (sponsored by the Institution of Surveyors of Uganda) at Kyambogo University, Kampala - Uganda.
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
The author is Sarah Fox 500 Words Ltd and you can get regular tips for construction contracts to help you avoid disputes and the need for dispute resolution methods in her fortnightly tips sheet http://just500words.co.uk/signup.
It is common knowledge that contracts are heart and soul of any business activity. A full proof contract requires vast knowledge of the business world, a thorough understanding of drafting knowledge. Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
Guide for Arbitration Clause in International Agreements in IndiaAnil Chawla
This Guide is useful for companies planning to develop international relationships. It gives an overview of arbitration clause that is an essential part of all international commercial agreements. It also gives an estimate of the costs involved under various options of international arbitration. The last chapter is about pre-arbitration clause which can help one avoid arbitration and associated legal costs.
Article: Instructions issued in the enforcement of public procurement contractsȚuca Zbârcea & Asociații
A topic not too often approached in the doctrine is the mechanism by which the public authority makes sure that the objective of the project is reached, and public interest is satisfied by the fulfilment of the public procurement contra under optimum conditions: the instruction.
Nvc Fund Holding Trust Transaction Platform 2152019FrankEkejija1
NVC Fund Holding Trust, as an international Capital Logistics Management company, owns and manages more than Five Trillion Dollars ($5T USD) of net tangible assets. We provide our clients with direct access to capital to actualize and/or enhance investment opportunities.
This paper was written in 2001 as part of the CEPMLP's LLM in Petroleum Law and Policy program. It examines the main contractual components of a typical BOT arrangement and the terms that should be included to enhance bankability.
We are delighted to welcome you to the first edition of Systech
Insights in which we share our expertise and opinions on a range of topical issues.
Stephen Rayment and Mark Woodward-Smith
Group Managing Directors
UK Adjudicators are the largest multi-disciplinary adjudicator nominating panel in the United Kingdom.
We offer free adjudicator nominations and also a capped fee scheme
UK Adjudicators are an adjudicator nominating body with the largest multi disciplinary panel in the UK.
Adjudicator nominations are made free of charge.
UK Adjudicators 2021 London Adjudication & Arbitration Conference pack with speakers slides. Speakers included:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Panel subjects and programme:
Conference 9.05am to 5.00pm (ZOOM)
09.15 to 10.30 Defining and achieving diversity in tribunals
10.30 to 10.45 break
10.45 to 12.00 Controlling costs by capping fees of tribunal members
12.00 to 12.45 Governing Law after Brexit
12.45 to 13.15 lunch
13.15 to 14.30 Statutory ADR or contractual ADR ?
14.30 to 14.45 break
14.45 to 16.00 Do experts discharge their duties to the tribunal ?
16.00 to 17.00 Management of delinquent party behaviour !
UK Adjudicators 2021 London Adjudication & Arbitration Conference has leading speakers from law firms, barristers chambers, expert firms and adjudicators and arbitrators.
UK Adjudicators London 2021 Conference
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Murray Armes SENSE STUDIO / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damian James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Hanscomb Intercontinental CEO Sean Gibbs spoke alongside Katie Pickering (BPE Solicitors LLP) and Keith Blizzard HCR Hewitsons) at the recent Constructing Excellence Gloucestershire Club webinar on Material Shortages and Fluctuations clauses in standard from contracts.
Contracts discussed included JCT/NEC/FIDIC & ICHEME
If you need advice do get in touch
info@hanscombintercontinental.co.uk
UK Adjudicators has the UK's largest largest multi-disciplinary panel of adjudicators and as one of the leading Adjudicator Nominating Bodies will nominate an adjudicator to resolve your dispute at cost.
UK Adjudicators London 2021 Adjudication & Arbitration Conference takes place on the 19 August as a hybrid event.
Speakers include:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Murray Armes SENSE STUDIO / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
The need for dispute boards on international waste to energy projects was presented to Dispute Resolution Board Foundation members and guests by Sean Gibbs of Hanscomb Intercontinental in May 2021.
UK Adjudicators are an adjudicator nominating body for construction disputes and have the largest multi-disciplinary panel of adjudicators in the United Kingdom.
Hanscomb Intercontinental are pleased to be a supporting patron of the Vis East Moot.The programme for the week long event provides details on the competing teams, arbitrators and networking events.
Advertisements from Keating Chambers & Atkin Chambers and Hanscomb Intercontinental appear in the programme.
UK Adjudicators are an adjudicator nominating body.Nominations are free of charge and are made from our panel of adjudicators. Panel members include retired TCC judges, solicitors, barristers, surveyors, engineers, architects and other built environment professionals.
UK Adjudicators are a leading Adjudicator Nominating Body (ANB )for the construction and engineering industries.
Panel members include retired judges, solicitors, barristers, engineers, surveyors and architects.
Hanscomb Intercontinental provide expert advisory & expert witness services to the global onshore and offshore construction, engineering and shipbuilding industries.
UK Adjudicators can nominate UK Adjudicator panel members to resolve your disputes. There is no fee charged to make the nomination. Members comprise comprising solicitors, barristers, surveyors, architects, engineers and other specialist built environment professionals.
More from Sean Gibbs DipArb, FCIARB, FCIOB, FRICS, MICE (20)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
1. WWW.UKADJUDICATORS.CO.UK
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1 | P a g e
EDITORS COMMENTS
As another year begins it is refreshing to see
diversity among alternative dispute resolution
practitioners being raised on a regular basis
with commitment being expressed to change
the status quo by individuals and
organisations. If you, your business or your
employer haven’t signed up to support these
initiatives I would urge you to do so and make
adjudication and adjudicators fit for the 21st
Century.
By the time this newsletter is distributed the
Department for Business, Energy & Industrial
Strategy two consultation papers on retention
use and the Post Implementation Review of
the 2011 changes to Part 2 of the Housing
Grants, Construction and Regeneration Act
1996 will have closed, what their findings will
be remains to be seen. I hope that the critical
comments on the power and process
exemptions expressed by the honourable Mr
Justice Coulson will be taken on board by the
government and thought given how to
remove this exemption from the Construction
Acts.
Sean Gibbs LLB(Hons)MICE FCIOB FRICS
FCIARB, is a director in the global construction
claims consultancy Hanscomb
Intercontinental and is available to sit as an
arbitrator, adjudicator, mediator, quantum
expert and dispute board member.
HOW CAN STATUTORY
ADJUDICATION BENEFIT THE
CONSTRUCTIONINDUSTRY IN
HONG KONG
Theremustbe a ‘cashflow’in the building
trade.It is the very lifeblood of the enterprise.”
– LordDenning M.R.– [1973]
Challenges in the construction industry on
payment in the past decade have been
attributed to a number of causes:
1. Shortage in labour recourses,
experienced and well-educated professionals
in the industry to cope with the booming
industry.
2. Low tender prices in the competitive
bidding environment.
3. Rising claim consciousness and
awareness of loopholes i n contract
documents.
4. Increasing construction costs at a
higher rate than inflation.
5. Ambiguities in contractual payment
mechanism.
6. Ill-prepared contract documenst by
less experienced contract drafters.
2. WWW.UKADJUDICATORS.CO.UK
JANUARY 2018 NEWSLETTER
2 | P a g e
Court litigation is the traditional way of
dispute resolution and notoriously it is costly,
time consuming with a lack of
confidentiality. Over the years, dispute
avoidance mechanism such as the Dispute
Resolution Adviser and alternative dispute
resolutions such as mediation and
arbitration emerged in the construction
sector. Each of these methods has its own
merits and drawbacks as listed below:
1. Dispute Resolution Advisor (DRA) is a
neutral jointly employed by the contracting
parties who tenure throughout the contract
period to facilitate early handling of potential
disputes before they get worsen and return
into formal contractual disputes. Any
differences or disagreements between the
contracting parties can be resort to the DRA
for opinion. By nature of an opinion, the
DRA’s independent view is not binding on the
parties but its function merits the prevention
of a portion of contractual disputes.
2. Mediation1
is a very popular mean of
dispute resolution in the construction
industry. Confidentiality is the prime benefit
of the mediation process where all mediation
communications are by default undisclosed to
any third party, the Court, or the opponent
1
Mediation Ordinance (Cap. 620)
party during a caucus section with one party.
The mediator performs as an independent
and neutral facilitator in the process that is
conducted at the parties will. The mediator
exerts minimum control of the mediation
process and inspires the parties to general
options to resolve disputes in a non-
judgmental manner. Once again, the process
requires voluntary participation by both
parties in good faith and the parties are not
bound to resolve the entire dispute in one
mediation session.
3. Arbitration is perhaps the last
alternative dispute resolution method before
court litigation. Its features define a less
formal procedure than the Court, upholding
the three pillars of party’s autonomy,
minimum intervention by the Court, cost
effective and expeditious dispute resolution
process. The law2
provides a legal framework
to conduct arbitration, where the arbitrator
is empowered to manage the process and
order procedural issues as he sees fit. The
arbitrator acts as a ‘judge’ of the proceedings
to provide a binding arbitral award upon
necessary steps of document exchange and
oral hearings.
In each standard form of construction
contract in Hong Kong, a dispute resolution
clause contains the method of resolving
2
Arbitration Ordinance (Cap. 609)
3. WWW.UKADJUDICATORS.CO.UK
JANUARY 2018 NEWSLETTER
3 | P a g e
disputes arising between the contracting
parties. Mediation and arbitration are the
most commonly used dispute resolution
methods. Once a construction dispute has
arisen, the parties are free to choose to
mediate voluntarily. If the parties do not
refer the dispute to mediation or if the
dispute cannot be resolved by mediation, the
dispute will be referred to arbitration. In
some construction contract, arbitration will
not commence until after completion of the
construction work, which means any sum
allegedly owed to a main constructor or sub-
contractor in lower tiers will have no choice
but to experience a ‘do first, argue later’
situation. With this impediment, cash flow
problems inevitably cumulate and possibly
impede the progress, quality and safety of
subsequent works. The unpaid party has a
risky choice to suspend work until payment
that may lead to repudiatory breach of
contract of its part and liable for damages of
the other side.
Knowing the shortfalls of the DRA, mediation
and arbitration processes in easing cash flow
problems, it is not difficult to imagine the
question of whether any alternative dispute
resolution method merits a quicker
resolution of dispute than arbitration and
the decision is also binding on the
contracting parties. Construction adjudication
fills this gap.
In June 2015, the Hong Kong Government
initiated a Consultation Document – Proposed
Security of Payment Legislation for the
Construction Industry (SOPL). The incentive
of providing legislative control over late
payment problems in the construction
industry follows foreign experience in the
UK3
, Australia4
, New Zealand5
, Singapore6
,
Malaysia7
and Ireland8
. With the aim to ease
cash flow in the construction operations, the
following three key features of SOPL are
outlined:
3
The Housing Grants, Construction and
Regeneration Act 1996, as amended by the
Local Democracy, Economic Development and
Construction Act 2009
4
The Construction Contracts Act 2004
(Western Australia) amongst others
5
The Construction Contracts Act 2002, as
amended by the Construction Contracts
Amendment Act 2015
6
The Building and Construction Industry
Security of Payment Act 2005
7
The Construction Industry Payment and
Adjudication Act 2012
8
The Construction Contracts Act 2013
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1. Strict proceedings timetable
Once a notice of adjudication is served on the
appointed adjudicator, the adjudicator is
bound to resolve the dispute within 20 days
from the receipt of the parties’ document,
extendable to 55 days by the adjudicator. The
parties are also subject to strict timeframe on
submission. Therefore, the party serving an
adjudication notice could reasonably expect a
binding decision to be served in about four
months.
2. The right of suspension of work
Adjudication is inherently a ‘pay first, argue
later’ method of dispute resolution. An
adjudication decision is known as ‘temporary
binding’ and is subject to appeal in
arbitration in the later stage of the
construction contract. However, the
adjudicated sum must be paid according to
the operative part of the decision, failing
which the unpaid party has a statutory right
of suspension of work until payment is
made. This is a very powerful statutory right
conferred by the SOPL to avoid late payment.
The winning party, in default of payment by
the losing party, may suspend performance
or reduce the rate of progress of performance
of any construction work if the adjudicated
sum is not fully paid according to the
adjudication decision. The proposed law
provides that the party exercising this right of
suspension is not in breach of the
construction contract, entitled to a fair and
reasonable extension of time to complete his
obligations under the contract, and also
entitled to recover any loss and expenses
incurred as a result of the suspension or
reduction in the rate of progress of
performance from the default party.
3 Prohibition of “Pay-when-paid” clause
"Thetotalpricepaidto [subcontractor] shallbe
[price], no part of whichshallbe paiduntil5
daysafter payment is received from[owner]."
Conditional payment terms such as the above
‘pay-when-paid’ condition provide a good
protection of cash flow to the main
contractor. However, the risk of payment
arrear is shifted to subcontractors with low
bargaining power, impeding the working
relationship down the supply chain. The
proposed law provides that any conditional
payment provision in a construction contract
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in relation to payment is void. This express
provision inhibits the contracting party to
reply on a conditional payment term to
withhold payment down to lower tiers.
Statutory adjudication inherits the benefits
of mediation and arbitrations in terms of
relieving cash flow problems in the
construction industry. It is a fast process to
allow the unpaid parties to recover their
costs. It is also a temporarily binding
process. Failure to pay the adjudicated sum
will enable the unpaid party a rightful
suspension of work and subsequently the
non-paying party will suffer from paying
interest on delay payment and the loss of
time and costs during the suspension
period. A notable concern is how much
justice is done by making the adjudication
decision in such a short statutory timetable.
Adjudication is sometimes known as ‘rough
justice’ for regulating immediate payment
control in the construction industry and the
arbitrator or court judge will act as the
judicial gate-keepers.
Albert YEU, MSc BEng LLB PGDipArb CEng
FCIArb FAMINZ MICE, is a resident engineer
(ARUP Hong Kong), Independent Arbitrator,
Accredited Adjudicator, Accredited Mediator,
Expert Witness.
COULD ADJUDICATOR GRADING
HELP TO INCREASE THE DIVERSITY
OF ADJUDICATORS ?
At the annual Adjudication Society conference
held in London in 2017 the issue of diversity
and inclusion was raised about adjudicators
by Simon Tolson a Senior Partner with
Fenwick Elliott .
One way that it may prove possible to
introduce new and less experienced
adjudicators onto panels is to create a grading
system for adjudicators. Queensland Australia
currently has such a scheme in place and uses
three grades:
1. Adjudicator (lowest)
2. Advanced Adjudicator
3. Senior Adjudicator (highest)
Unlike the United Kingdom there is only one
nominating body and as such this has
succeeded in its aims in line with the
recommendations made by Andrew Wallace
in his report titled Final Report of the Review
of the Discussion Paper – Payment dispute
resolution in the Queensland building and
construction industry dated 24 May 2013.
For such a grading scheme to work in the
United Kingdom the thirty plus adjudicator
nominating bodies and the principle
professional bodies would need to firstly
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recognise there is a problem then reach
consensus how to tackle it.
Factors that would need to be discussed and
agreed upon would be the minimum standard
required to become an adjudicator , the
grading process and procedure and how
should disputes and decisions be categorised
so that a an inexperienced adjudicator can
develop from the starting grade and become a
Senior Adjudicator.
How seriously the industry takes the diversity
of adjudicators remains to be seen by the
action and commitment made in the months
ahead to firstly understand the problem then
to identify actions needed. What we cannot
afford to let happen is that the same pool of
old white male faces dominate and hog the
profession until their demise leaving a
succession problem and possible learning
curve for future generations.
UK adjudicators have on the whole been
highly thought of and respected globally and it
is important that their experience and wisdom
is passed on to future generations.
Thomas Johnson, is a director in the global
construction claims consultancy Hanscomb
Intercontinental.
JANUARY DATE FOR MP’S BILL FOR
SCHEME TO HOLD RETENTIONS IN
TRUST
A private member’s bill to provide for
retentions in construction projects to be held
in a third party trust scheme is being
introduced to Parliament on the 9th
January
2018.
The government’s own consultation on
retention concludes ten days later and one of
the issues it seeks views on is the costs and
benefits of holding retentions in a deposit
scheme or trust account.
WORSHIPFUL COMPANY OF
ARBITRATORS
Lord Dyson will be giving The Master’s Lecture
on Tuesday 13th March 2018 at Simmons &
Simmons LLP, CityPoint, One Ropemaker
Street, London, EC2Y 9SS . The title of the
lecture is What Are The Proper Limits To The
Immunity Of Arbitrators?
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SCL INTERNATIONAL CONFERENCE
2018
The Society of Construction Law 8th
International Conference is being held at the
Palmer House Hotel Chicago from the 26th-
28th September 2018.
ADJUDICATION SOCIETY ANNUAL
CONFERENCE 2018
The Society's Seventeenth Annual Conference
will be held at the Mercure Bristol Hotel on
Thursday 8th November 2018.
FIDIC CONFERENCES 2018
The FIDIC Middle East Contract Users'
Conference main conference is taking place
on the 20 & 21 February 2018 with workshops
on the 19 & 22 February 2018 in Dubai.
The FIDIC Asia Pacific contract users'
conference takes place in July 2018, the Latin
America contract users' conference takes
place in September 2018 and the Africa
contract users' conference is taking place at
Livingstone, Zambia in October 2018.
DRBF CONFERENCES 2018
Paris, France 23 March 2018
Mexica City, Mexico 25-26April 2018
Tokyo, Japan 23-25 May 2018
Charlotte, USA 17-19 October 2017
Geneva, Switzerland 14-16 November 2018
UPDATED FIDIC SUITE
The FIDIC conference held in London on the
5th December 2017 saw the release of the
new Red, Yellow and Silver books.
FIDIC have now released copies for sale to the
general public in PDF and hard copy formats.
http://fidic.org/bookshop
ADR-ODR INTERNATIONAL
ADR-ODR International is holding an Executive
Negotiation & Conflict Management Skills
Course in Dubai on the 26th - 28th March
2018 at The Palm in partnership with the
European Institute for Conflict Resolution.
http://adrodrinternational.com/executive-
conflict-and-negotiation-skills-course/