SYNOPSIS

The one-day interactive workshop will include introductory lectures on basic knowledge of arbitration and adjudication with hands-on participation from delegates guided by experienced arbitrators and adjudicators from the industry. The practical aspects will cover differences in the two processes.

The Arbitration lecture will deal with arbitration agreement, composition and appointment of arbitrators, tribunal’s jurisdiction and conduct of proceedings, award and termination of proceedings, recognition and enforcement of awards.

As for Adjudication, there is also the issue of appointment of adjudicators, the Adjudication process of payment disputes, enforcement of Adjudication Decision, and in general immunity of Adjudicators and the prohibitory conditional payment terms.

Actual and sanitized cases will be used to illustrate the practicality of the 2 processes.

The workshop will be led by and conducted by a distinguished panel of experienced arbitrators and adjudicators. The participants will no doubt benefit from learning about the lectures and hearing from the practitioners’ practical experiences through examples and case studies.


SPEAKERS

1. Ar. David Cheah

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.


2. Ir. Leon Weng Seng

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 Subcommittee on Dispute Avoidance and 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.


3.Ms. Hor Shirley

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.


4. Mr. Ooi Huey Miin

He has been in legal practice since his admission as an Advocate and Solicitor of the High Court of Malaya in August 1999. He holds a Bachelor of Laws degree from the University of Sheffield, England and was called to the English Bar in October 1998 as a member of the Honourable Society of Middle Temple.

He practises in the field of commercial and civil dispute resolution with a focus on commercial alternative dispute resolution. He has appeared as counsel in all first instance and appeal levels of the Malaysian courts and in arbitrations, both domestic and international, on disputes covering a diverse range of areas. In addition to acting in a representative capacity in litigation and arbitration disputes, he also sits as an arbitrator and adjudicator.

He is a member of the Kuala Lumpur Regional Centre for Arbitration's arbitration, mediation and adjudication panels, a Fellow of both the Malaysian Institute of Arbitrators and the Chartered Institute of Arbitrators and also serves as a member of the Disciplinary Committee of the Malaysian Advocates & Solicitors Disciplinary Board and a Trainer in the Malaysian Bar Council’s Advocacy Training Courses."