Collaboration Between IEM, MIArb, PAM and RISM


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 (Morning):
Common Issues on Construction Contract Management: 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 AIAC. 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):
Termination and Determination in construction contracts – difference and implications  –. One of the common issues and problems in the construction industry with serious implications on the project and the parties concern is termination of contract or determination of employment by the Employer or Contractor.  The action of determination or termination almost always bring the contracting parties into arbitration or litigation.  Despite the  seriousness and grave implications, many players in the construction industry are ignorant, lacking understanding and appreciation of the difference between determination of employment and termination of contract. This paper serves to clarify and provides a better understanding for the Employers (and Consultants) and Contractors (including Sub-contractors) when exercising their rights contractually and/or at common law carefully and with caution when embarking on such drastic recourse or remedy under the contract. In exercising such rights, the ensuing damages or loss/expense claims need to be made and evaluated, accordingly.

Sr Ong  Hock  Tek  (“HT”)  is  a  Fellow  of  eight  professional  institutions,    a  well-qualified  multi-disciplinary  and  specialist  consultant,  experienced  in  pre  and  post contract  quantity surveying duties, commercial and  contractual administration/management  of various types of construction projects, gained from over 30 years of working experience with architectural practice, quantity surveyors, project   managers,   civil   engineering   and   building   contractors   and   specialist consultants. His  specific  experience  and  expertise  include  project  and  contracts management/administration, claims   preparation /defense, risks   and   value   management,   specializing   in alternative    dispute    resolution,    particularly    in       advisory    and    support    services, documentation  and  proceedings, as well as quantum expert services.

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.

Ms. Hor Shirley is an advocate and solicitor and is a Partner in the firm of Messrs Raja, Darryl & Loh. She is the former 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. Her experience includes advisory work, project documentation and formal dispute resolution. She has appeared as counsel in court, arbitration and adjudication proceedings and has been involved in superior and appellate court proceedings.

Day 2 (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.

Kevin Prakash has an active practice in dispute resolution and had been involved in complex disputes in various forms since being called to the Malaysian Bar in 1998. He is regularly engaged in trial and appellate matters and as counsel in arbitration. He is experienced in diverse types of disputes including corporate and commercial disputes, contractual, civil and shipping disputes. His principal practise is in engineering and construction disputes and has represented a diverse set of clients including employers, main contractors and subcontractors. Kevin is a qualified adjudicator.

Day 2 (Afternoon):
Adjudication - Topics covered will include:

●Essentials of CIPAA 2012 - Overview of the Act and its Purposes    
●Practice and Procedure  
●Common Challenges to Adjudication - Breach of natural justice.  
●The ideal Adjudicator?  
●Improving Adjudicators

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.