SYNOPSIS AND BIODATA OF SPEAKERS


- DAY 1 : 15 October 2015, Thursday -

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Day 1 (Morning):
Arbitration - What is Arbitration? Is it any different from going to court? Find out about these and more at our session on arbitration where our speakers and facilitators will take you through the arbitration hearing and process as well as the role played by an expert witness.

Kevin Prakash’s practice is in dispute resolution and has been involved in complex disputes in various forms for over 15 years. He has wide experience in diverse types of disputes including corporate and commercial disputes, contractual, civil and shipping disputes. He regularly appears in Court proceedings as well as Arbitration mainly for building contract disputes. He was a partner with a large law practice in Kuala Lumpur before joining a boutique dispute resolution practice, Mohanadass Partnership. He is the current President of the Malaysian Institute of Arbitrators.

Sharon Chong Tze Ying is a Senior Associate in the Dispute Resolution Division of Skrine. Her portfolio of dispute resolution work focuses on corporate and commercial litigation and international arbitration. She acts as an advocate in a wide array of commercial and corporate disputes in international arbitrations in Asia and Europe and litigation at all tiers of the Malaysian courts. She has worked together with and also against foreign solicitors in the United Kingdom, the United States, India and Singapore, and has instructed and worked closely with Queen’s Counsel from top chambers in the United Kingdom.

Sharon is a Fellow of the Chartered Institute of Arbitrators (UK) and the Malaysian Institute of Arbitrators, and is also a Council member of the Malaysian Institute of Arbitrators. She has a Diploma in International Arbitration conferred by the Chartered Institute of Arbitrators (UK). Sharon has acted in a variety of shareholders’ disputes, and advises and acts in insolvency matters. Her other areas of practice include corporate insolvency, construction and engineering, reinsurance and public and administrative law.

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Day 1 (Afternoon):
Adjudication - It is ironic that the construction industry, which more than all other industries, depends on coordination, cooperation, and teamwork among various parties, should be the most problematic and adversarial. A dispute might arise at any point during the construction process as a result of differing expectations or misinterpretations of the contract documents, which leads frequently to unnecessary problems and delays. This seminar will explore adjudication as the new way of resolving construction disputes.

Ar. Steven Thang Boon Ann is the PAM ADR Committee Chairman. He has been practicing as an Architect since 1990 and is a PAM council member since 2011. Other than the ADR portfolio, he currently chairs the PAM 2006 Contract review subcommittee, Heritage and Conservation committee,  and PAM seismic Guidelines and Code subcommittee. Steven also represents PAM in several committees in SIRIM and CIDB. He is also a registered Building Conservator and Adjudicator.

Ar. David Cheah APAM, APPM, FCIArb is an Architect, Urban Planner, Adjudicator and Chartered Arbitrator. He believes that due to the nature of construction and the multiplicity of players in the construction industry, it will be unavoidable for consultants to be involved with dispute resolution, in one way or another. Although the best form of dispute resolution is dispute avoidance, it’s easier said than done.


- DAY 2 : 22 October 2015, Thursday -

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Day 2 (Morning):
Common Issues on Construction Contract Mangement: Avoiding Disputes - This is an intensive course on the topic of Common Issues in Construction Contracts: Avoiding Disputes meant as a refresher course for project personnel such as Architects, Engineers & Quantity Surveyors involved in claims assessment as well in the implementation of contracts

Ir. Harbans Singh K.S is a Professional Engineer, Chartered Engineer, Arbitrator, Mediator, Adjudicator, Advocate and Solicitor (non-practising). He commenced his career with the Public Works Department, Malaysia before joining an international German engineering consultancy practice with whom he worked locally and then in Koblenz, Germany as a designer, resident engineer and contract administrator. Later Ir. Harbans served with a local consultancy firm in various professional capacities and is presently domiciled in Malaysia where he is active in construction law and dispute resolution.

He is a regular contributor to “The Ingenieur”, the Malayan Law Journal, The Law Review and other professional publications. He is the recipient of a number of awards including Institution of Engineers Malaysia’s Tan Sri Haji Yusoff Prize (2001), the Cedric Barclay Award and the Chartered Institute of Arbitrator’s Award for the Diploma in International Commercial Arbitration examination (2003). Ir. Harbans is also the author of a series of four books entitled ‘Harbans’s Engineering and Construction Contracts Management’, coauthor of ‘The PAM 2006 Standard Form of Building Contract’ and ‘Construction Law in Malaysia’, contributor to ‘The Malaysian Standard Precedents and Forms: Engineering & Construction Contracts (Vol.N)’ and is a regular speaker at courses, seminars and conferences.    

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Day 2 (Afternoon):  
Mediation - The use of ADR mechanisms to resolve construction disputes is not alien to the construction industry. Mediation is internationally regarded as a cost-effective and efficient means of resolving construction disputes, reducing the risks of costly conflict and delay. The presentation will touch on various ADR mechanisms and in particular mediation and the different models available. The facilitative mediation process model will be discussed to highlight how the mediator who acts as a catalyst to the mediation process assists parties in the resolution of their disputes. The mediator defines the issues, opens up channels of communication, explores options and alternatives and facilitates negotiation between the parties towards reaching a settlement using mediation techniques. Mediators encourage the parties to discuss their Interests rather than their legal entitlements. Mediators look to capture a solution that parties could live with, rather than identify rights and duties. The progress and current trends of mediation in Malaysia in the construction industry will also be covered in this presentation. The Mediation Act 2012 and its applicability to construction disputes will also be covered.

Gunavathi Subramaniam was admitted to the High Court of Malaya as an advocate and solicitor in 1987.  She was accredited as one of the pioneer mediators of the Malaysian Mediation Center of the Bar Council in April 2000. She was instrumental in drawing up the working paper for the establishment of the Malaysian Mediation Center of the Bar Council, Malaysia in 1998 and its Code of Conduct and Rules. She was also responsible for drafting the draft “Mediation Act” on behalf of the Bar Council and was involved with deliberations on the said Act with the Attorney General’s office which said Act has now come into force.