SYNOPSIS

The audience will learn about choices that parties to a construction project can take into account when resolving a dispute throughout the two hours of discussion. The various forms of ADR — from non-adjudicatory to adjudicatory — that are appropriate in the Malaysian context will be covered. In contrast to statutory adjudication under CIPAA 2012 and arbitration, which are adjudicatory dispute resolution procedures, emphasis will be placed on discussion and mediation as non-adjudicatory dispute settlement methods. Respective approaches have distinct qualities and essential components that should be used depending on the relevance and requirement of a particular disagreement. The audience will have a better understanding of the options available when a dispute arises in a construction project by the end of the session.


BIODATA OF SPEAKER

DR ZUL ZAKIYUDDIN AHMAD RASHID holds a Bachelor of Laws (LL.B) (Hons.) and Master of Comparative Law (MCL) (by research focusing in Designer’s Liability) from International Islamic University Malaysia (IIUM). He subsequently obtained a Doctorate of Philosophy (Ph.D) with a specialization in the field of Legal and Risk Management in Construction Industry from UniversitiTeknologi MARA (UiTM), Malaysia. He undergoes in-chamber training at Messrs. Saiful Arshad & Co and continues toserve at the firm for 3 years. Apart from involvement in formal legal practice, he served in various other companies, including multi-national companies dealing with construction and mining activities. This involvement exposes him to industry practices and trade, enabling him to better understand the law and its application in the industry.His expertise was not only limited to construction disputes and claims but also expanded to other areas. Dr Zul was in charge as legal advisor and Chief Compliance Officer for Fintech Company providing e-wallet services and Internet of Things (IoT) applications.Currently, he works at School of Housing, Building and Planning (HBP), Universiti Sains Malaysia (USM) as a senior lecturer in Construction Law. In addition to lecturing and research works, Dr Zul adjudicated various construction disputes, acting as an Adjudicator empanelled with Asian International Arbitration Centre (AIAC) under the Construction Industry Payment and Adjudication Act (CIPAA) 2012. He is also a mediator impaneled with AIAC and Mediation Bureau, Council of Justices of The Peace, State of Penang, Malaysia. When not adjudicating or mediating disputes, he consults companies in an advisory role pertaining to arbitration and construction law actively. His expertise in construction law and vast experience with industry practices proves to be a major advantage in his professional work. Dr Zul was appointed as the drafter for the Construction Industry Development Board (CIDB) Form of Contract 2022, CIDB technical committee for CIDB Mediation Rule and Procedure, and CIDB technical committee for CIDB Dispute Resolution Board. He is also a member of the Advisory Committee for the CIDB Construction Law Report. Dr Zul actively writes various journals and papers on national and international levels, as well as being appointed as editor and reviewer of books, papers, and journals. He is also active in presenting various papers at international conferences and has also been elected as a member of various research grants. Despite the core duties, he continues to contribute to socio-society development through various community activities, locally and abroad.