SYNOPSIS

It would be often for the practitioners in Construction industry face with the disputes in the course of our practice. Being the commercial in nature, payments disputes would range the top on the list amongst others. When one face with a payment dispute, whether stand in the position of owing or being owed, it would be much beneficial to understand the recovery processes available and/or applicable sorted out based on the nature of the contract and disputes.  

The propose sharing session would be revolving on the main dispute resolution mechanism available in out jurisdiction ranges from our Litigation process by the court of competence jurisdiction, the reference to arbitral tribunal for Arbitration under the Arbitration Act 2005 and the recent construction Adjudication regime brought to us by the recent enactment of the Construction Industries Payment Adjudication Act 2012.

We will embark on the journey to understand when and how each disputes resolution is to be adopted by operation of law and/or by the parties choice. Much discussion will also be focus on which disputes resolution would be suitable for the respective disputes, given the nature of disputes, quantum and complexity of the same.

The speaker is hopeful with the sharing proposed sharing session, the participant would be able to appreciate the various recover mechanism for construction disputes, in particulars payments disputes in our jurisdiction. The participant would be able to understand the differences and relationship between the various disputes resolution mechanisms with the aim to make a more effective choice when one encounter any disputes in construction contract.


BIODATA OF SPEAKER

Mr. Ben Lee Kam Foo was admitted as an Advocate and Solicitors of High Court of Malaya in year 2001. He is the founder of the firm Messrs Ben Lee, Alizal & Co. which has merged with Messrs Gan & Zul in 2015 and thereafter became a Principal Partner of Messrs Gan & Zul. He graduated in  LL.B (Hons) from University of London (1999). He receive Certificate  in Legal Practice (2000) and Certified Panel Adjudicator of KLRCA (2016).

Over 15 years of practice as a lawyer, Mr Ben Le specializes in civil litigation, in particular corporate commercial, construction  laws  and  statutory adjudication under CIPAA.  He iis also playing an active role in promoting the awareness of the newly enacted ng abundant of Seminars on CIPAA for free to related organizations and associations in Malaysia.