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 expert witness. 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 - 27 March 2017

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.

Ms. Hor Shirley is an advocate and solicitor and is a Partner in the firm of Messrs Raja, Darryl & Loh. She is the current Vice President of The Malaysian Institute of Arbitrators. Her portfolio is on litigation and alternate dispute resolution, with a focus on construction and energy related disputes. She has acted as lead counsel and co-counsel in many arbitration and court cases.

Ms. Karen Ng Gek Suan is an advocate and solicitor and a Partner in Messrs. Azman, Davidson & Co. She specialises in building & construction law and represents clients in contentious and non-contentious building & construction matters, in domestic and international settings. She is a council member of the Malaysian Institute of Arbitrators.

Day 1 (Afternoon): Adjudication - It is ironic that the construction industry, which 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.

Topics covered will include:
● Essentials of CIPAA 2012 - Overview of the Act and its Purposes    
● Practice and Procedure  
● Common Challenges to Adjudication  
● How to Become an Adjudicator?

Ar. David Cheah APAM, APPM, FCIArb is an Architect, Urban Planner, Adjudicator, Mediator 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 - 28 March 2017

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’, co-author 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.    

Day 2 (Afternoon):  Expert Witness and Opinion - Expert opinion from a professional practising in specialist area is important in construction dispute. It assists the court and tribunal to base its decision on the disputants’ rights and liabilities.

The expert is endowed with the duties to act independently and impartially apart from professing his skill in specialist area. What then are his roles, responsibilities and liabilities? How is he appointed and services paid? Can he be challenged, cross-examined and how could the tribunal extract the most out of his expertise? We will also be checking on the requirement of qualification, the Codes of Practice, the form of his report and terms of engagement.

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.