ICE Alternative Dispute Resolution Workshop, London

20 January, 2016 | 09:00 - 17:30

ICE Alternative Dispute Resolution Workshop, London

About this event

Select your session

Use the links below to watch individual sessions from the Alternative Dispute Resolution workshop:

ICE’s Alternative Dispute Resolution workshop is the definitive event for those working as construction dispute resolvers.

At the 2016 delegates will hear tips from the bench, what’s new in law for the adjudicator and an update from the Institution of Civil Engineers Dispute Resolution Service.

As in previous years the workshop will also offer you the opportunity to attend two highly focused and learning based sessions, allowing you to tailor make your day to best suit you and your practice’s needs.

Delegates will choose two from these workshops:

  • Adjudication: Closing out the adjudication process

This workshop will cover: issuing clear directions; amending directions; dealing with requests for extra time; dealing with late submissions; dealing with hearings; what to do if only one party wants a hearing; do you need a Reply / Rejoinder; extending the time period; how to weigh evidence; how to get more time for yourself.

  • Adjudication: Decision Drafting

This workshop will examine the essential content of adjudicator’s decision, the requirement for reasons, style and best practice with brief reference to case law but drawing on the views of delegates.

  • Dispute Boards: Getting the Best out of them for Dispute Avoidance

The workshop will show how the use of Dispute Boards can help Parties avoid disputes with some practical examples, and time for discussion as to how they can be used more in the UK, adding value, not cost.

You should attend this event if you:

  • Are a member of the ICE Dispute Resolution Registers
  • Have an interest in, or work in the area of dispute resolution
  • Would like to hear interesting presentations on engineering dispute resolution
  • Would like to take part in the interactive workshops 
  • Have an interest in construction law and dispute resolution 
  • Need to maintain your CPD as a member of the ICE’s ADR Registers

Programme

09:00
Arrival registration and refreshments

09:20-09:30
Welcome from the Chair, Mr. Raymond Joyce – Dispute Resolution Panel Chair

09:30-10:10
Assessing evidence and witnesses, analysing legal submissions, drafting decisions: dos and dont's, Prof John Uff CBE, QC, FICE, FREng FCIArb​

The presentation will outline the steps, from giving directions for a hearing, collating the evidence and other material submitted to formulating and drafting the decision including things not to omit and things to be avoided.

10:10-10:50
What’s new in the law for adjudicators - a review of recent developments on adjudication and payment, Ms Claire Packman

This presentation will review recent developments in the law that is relevant to adjudicators, including recent cases on jurisdiction, procedural fairness and payment terms, and their impact on the current state of the law.

10.50-11:20
Refreshments and Networking

11:20-12:00
“Adjudication….we are still wrestling with what it is and how to do it…lets you and I have a chat about it” , Mr. Tony Bingham

12:00-12:30
Client Care, Mr. Raymond Joyce.

12:30-12:50
Audience Discussion

12:50-13:50
Lunch and networking

13:50-15:05
Workshop session one – 3 workshops repeated (1 hour 15 mins)

Workshop 1: Adjudication Session 
Closing out the adjudication process

This workshop will cover:

  • Issuing clear directions
  • Amending directions
  • Dealing with requests for extra time
  • Dealing with late submissions
  • Dealing with hearings
  • What to do if only one party wants a hearing
  • Do you need a Reply / Rejoinder
  • Extending the time period
  • How to weigh evidence
  • How to get more time for yourself

Leader: Mr Robin Gupta: BSc LLB CEng FICE Solicitor

Workshop 2: Adjudication Session
Decision Drafting

This workshop will examine the essential content of adjudicator’s decision, the requirement for reasons, style and best practice with brief reference to caselaw but drawing on the views of delegates.

Leader: Mr Daniel Atkinson BSc(Hons) LLB(Hons) DipIArb FICE FCIArb FCICES CEng Barrister (non-practising), Director of Daniel Atkinson Limited.  Sole proprietor www.atkinson-law.com

Workshop 3: Dispute Boards
Getting the Best out of them for Dispute Avoidance

This Workshop will show how the use of Dispute Boards can help Parties avoid disputes with some practical examples, and time for discussion as to how they can be used more in the UK, adding value, not cost.

Leader: Mr John Papworth, Sole Practitioner - Chartered Arbitrator, Dispute Board Member, Adjudicator, Mediator - DRBF UK Representative

15:05 - 15:20
Refreshments and networking

15:20- 16:35
Workshop session two - 3 workshops repeated (1 hour 15 mins)

16:35
Closing remarks, Mr. James Golden, Dispute Resolution CPD Panel Chair

16:45
Close and networking

The Café bar will be open for delegates to network and continue the day's discussions.

Speakers

Chair - Opening

Mr. Raymond Joyce
Raymond Joyce is the Dispute Resolution Panel Chairman (2013-2016) he is a Fellow of the Institution of Civil Engineers and a member of the ICE Legal Affairs Panel and BIM Action Group. Raymond is dually qualified as a solicitor and chartered civil engineer.

Key speakers

Prof John Uff CBE, QC, FICE, FREng FCIArb
Founding Director and Emeritus Professor, Centre of Construction Law, Kings College London

International arbitrator, adjudicator and mediator, Keating Chambers, London

John Uff originally qualified in engineering, but has practised as a barrister for most of his career, specialising in all types of engineering and construction disputes, both as Counsel and as Arbitrator. He has extensive experience of international disputes in most parts of the world, including Australia and the Far East.

He also writes and lectures extensively in construction law and dispute resolution. He was the founding Director of the Centre of Construction Law at Kings College, London, where he held the Nash Chair of Engineering Law until 2002 and is now Emeritus Professor.

He has sat on many boards and committees including the DTI Committee on arbitration law, ICE Council and legal affairs committee, DOE committee on liability and insurance and the Standing Committee on Structural Safety. He was President of the Society of Construction Arbitrators 2004-2007 and a vice-president of the LCIA 2008-2011.

Public appointments have included Chairman of the Inquiry into Yorkshire Water (1996) Chairman of the Inquiry into the Southall Railway accident (1999) and joint Chairman, with Lord Cullen, of the Inquiry into Railway Safety (2001) and Chairman of inquiry into public sector construction in Trinidad and Tobago (2008-2010). He was appointed CBE in 2002 and awarded the ICE Gold Medal in 2003.

Ms Claire Packman, Barrister at 4 Pump Court

Claire’s practice is predominantly construction and engineering disputes, and construction-related professional negligence (engineers, architects, surveyors). She acts for employers, contractors, sub-contractors and members of the professional team in cases involving a broad range of legal and technical issues. As well as litigation and arbitration, she is regularly involved in adjudications, adjudication enforcement proceedings and disputes relating to payment.

Claire is a contributing author of LexisNexis online Adjudication KnowHow and has extensive experience in all aspects of adjudication from drafting the Referral Notice to challenging enforcement.  She is a former editor of the Adjudication Society newsletter. Claire is recommended in Chambers & Partners for construction disputes: the latest edition describes her as a “Quality junior who advises clients ranging from government departments to consultants and contractors.

Claire has a robust domestic practice including acting on high-value negligence and defects claims. Strengths: "She makes complex concepts highly understandable to the tribunal." "She is a very impressive cross-examiner."

Mr. Tony Bingham LLB (Hons), FCIArb, FCIOB, FCInstCES, MRICS, Barrister at Law 

Tony Bingham is a barrister of 25 years standing at 3 Paper Buildings, Temple. He is a Fellow of the Chartered Inst of Arbitrators and has carried out numerous arbitrations as arbitrator since first appointed in 1984. He is also an adjudicator having been appointed over 400 times in these 16 years of this high speed process. Before coming to the Bar he had spent all his working life in construction in both Civil Engineering and Building.

Chair – Closing

Mr. James Golden BEng LLB CEng FICE MCIArb FInstCES MRICS Barrister (non practising)

James is the CPD Panel Chairman and a Director at Quigg Golden. James is a qualified engineer and non-practicing barrister. He is a Fellow of the Institution of Civil Engineers, CIArb committee member and an examiner on the ICE level 3 Law and Contract Management examination.

Workshop leaders

Mr Robin Gupta: BSc LLB CEng FICE Solicitor

Robin worked as an engineer for Sir Robert McAlpine for 25 years. Following further study and qualification as a solicitor, Robin specialised in construction law and was, until recently, a partner in Clarke Willmott LLP in Bristol. Robin has been an adjudicator since 2001. Robin now works as a freelance consultant carrying out adjudications and training seminars.

Mr Daniel Atkinson BSc(Hons) LLB(Hons) DipIArb FICE FCIArb FCICES CEng Barrister (non-practising) Director of Daniel Atkinson Limited. Sole proprietor www.atkinson-law.com

Daniel Atkinson is a chartered Civil Engineer with more than 45 years’ experience. He was called to the Bar in 1994.  He advises and acts in all types of engineering disputes and is an adjudicator on a number of panels. He has published numerous articles and is the author of “Causation in Construction Law” and “Issues in Construction Law”.

Mr John Papworth, Sole Practitioner - Chartered Arbitrator, Dispute Board Member, Adjudicator, Mediator - DRBF UK Representative

John Papworth is a practising Dispute Board Chairman and Member. He is the UK Representative of the Dispute Resolution Board Foundation (‘DRBF’). He is also a Chartered Arbitrator and a Chartered Quantity Surveyor. John is on the FIDIC President’s List of DB Members, as well as those of the DRBF, the Dispute Board Federation, the ICE and the Engineering Professions Association of Namibia. He is a Companion of the ICE

In Europe, John has worked as a DB Member in Albania, Azerbaijan, Bulgaria and Romania. Outside Europe, he has been appointed to DBs in Botswana, Kenya, Mozambique, Tanzania, Uganda, Sri Lanka and the UAE.

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