INTRODUCTION

The Subcommittee on Dispute Avoidance and Resolution Practice (DARP) is launching a series of Workshops aimed at training Engineers to gain skills in Dispute Avoidance by dealing with ISSUES which arise and resolving such ISSUES expeditiously before they fester and become full-blown DISPUTES. The Workshops will be conducted on case studies submitted by participants.  This will provide the maximum benefit to those who submit case studies as it would give them direct experience of the problems they encounter.

Participant who manage contract will benefit by learning from the experience of others and avoid disputes by taking active steps to deal with issues at an early stage.

SYNOPSIS

This is the Fourth Workshop on Dispute Avoidance, in a series of workshops to be conducted regularly.

During the First Workshop held on 25 August 2016, Second Workshop held on 28 November 2016 and Third Workshop held on 26 July 2017, participants discussed: the time-consuming and unproductive nature of Disputes and Disputes Resolution processes; developing dispute AVOIDANCE techniques by distinguishing between ISSUES and DISPUTES; and resolving ISSUES by mutual agreement in real time before such ISSUES fester and degenerate into DISPUTES, calling on (if required) the assistance of DRA, DRB, DAB or Experts.

During the first to third Workshop, participants raised from the floor many ISSUES which were frequently encountered and there were responses from the panel and the participants as to how such ISSUES could be dealt with. We look forward to the same lively response in this Fourth Workshop where the focus will be on

(a)    specific ISSUES which could arise with regard to Loss and Expense claims.
(b)    Calderbank offers as a method for early resolution and avoidance of disputes.

Participants are encouraged to submit case studies for discussion (see box below).

PARTICIPANTS IN THIS WORKSHOP SHALL NOTE THAT THE WORKSHOP IS NOT INTENDED TO PROVIDE ADVICE ON THE RESOLUTION OF DISPUTES AND THE SOLE PURPOSE OF THE WORKSHOP IS FOR SHARING OF KNOWLEDGE IN THE PRACTICE OF DISPUTE AVOIDANCE.

Participants who wish to submit case studies should do so not later than 7 days before the actual date of the scheduled Workshop. Information required in the description of the case study are:

(1) The ISSUE
(2) Background and the relevant contractual provisions :-
        • Conditions of Contract
        • Specification
        • Bill of Quantities (if relevant)
        • Any other provisions

(3) How the ISSUE arose and developed

Names of Parties are not required, but Parties may be identified as the “Employer”, the “Developer”, the “Engineer”, the “Contractor”, etc.

(Please fax the Case Studies / Problems Encountered to 03-7957 7678 or email to sec@iem.org.my)


BIODATA OF PANEL

Ir. KHOO CHOONG KEOW
PROFESSIONAL QUALIFICATIONS ●B.Sc (Glasgow) in Civil Engineering, 1963  ●Dip. ICArb   ●P.Eng   ●Chartered Engineer   ●Chartered Arbitrator   ●FIEM   ●FICE   ●FCIArb    ●FMIArb   ●MASCE   ●MACEM

ENGINEERING EXPERIENCE dams; tunnels; water supply; sewerage; drainage & irrigation; flood control; highways; structures; residential, commercial & industrial buildings; aquaculture; reclamation; and project management.

EXPERIENCE IN ARBITRATION AND ADR Since 1984 appointed by IEM, KLRCA, the High Court of Malaya and directly by Parties for more than 50 cases of arbitration, mediation and contractual adjudication.  Acted as Expert Advisor to Parties for settlement of claims.  Principally responsible for drafting and updating the IEM Arbitration Rules (2003, 2012 & 2016).

TRAINER IN ARBITRATION
● Course Director and Tutor for CIArb Courses in Arbitration.
● Visiting Lecturer for arbitration module for LLM course at University of Malaya.
● Coach for Vis Moot Teams from University of Malaya and Diplomatic Academy of Vietnam.

POSITIONS IN PROFESSIONAL ORGANISATIONS

● Past Chairman Chartered Institute of Arbitrators (CIArb), Malaysia Branch
● Past President, Malaysian Institute of Arbitrators (MIArb)
● Past Vice-President Institution of Engineers, Malaysia (IEM)
● Past Vice-President Malaysian Invention & Design Society (MINDS)  
● Trustee, Invention Foundation of Malaysia

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.

MR. OOI HUEY MIIN 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."