Curious about ADR or simply want a refresher? Look no further. Join us for our 2-day intensive course on the practical aspects of construction law, arbitration, adjudication and mediation. Our speakers and facilitators who are themselves construction law and/or ADR practitioners will draw from and share with you their wealth of knowledge and experience viewed from a practical and real-world perspective.


SYNOPSIS AND BIODATA OF SPEAKERS

Day 1 (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. Leon Weng Seng graduated with Bachelor degree in Civil Engineering in 1980 and went on to obtain an honours degree in law with the University of London and a postgraduate Diploma in Arbitration with the University of Reading. He is a corporate member of The IEM and a registered professional engineer and is an advocate and solicitor of the High Court of Malaya (non practising). Ir. Leon is the principal of a civil and structural engineering consultancy firm. He has vast experiences in the administration of construction contracts including giving advice on contractual, mediation, adjudication and arbitration matters. His other areas of particular interest are forensic engineering and investigation of collapsed structures and slopes, and assessment of fire damaged structures. He acts as expert witness in courts and arbitration. Ir. Leon is also a CIDB accredited mediator, Fellow and a Chartered Arbitrator of The Chartered Institute of Arbitrators in London and an Adjudicator of KLRCA. He is a committee member of the Dispute Resolution Practice of the IEM and the past Chairman (2008–2010) of the Chartered Institute Arbitrators (CIArb) Malaysia Branch. He is sitting as arbitrator in many on-going arbitrations.    

Day 1 (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.


Day 2 (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.

Joshua Chong Wan Ken is currently practicing as an advocate and solicitor in Messrs Raja, Darryl & Loh's Construction and Energy Department. He graduated from the University of Manchester in 2008 and he obtained his Certificate in Legal Practice in 2009 before being called to the Bar in 2010. Joshua is a council member and an Associate of the Malaysian Institute of Arbitrators b.

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.

Day 2 (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.