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The 10th ICE's Alternative Dispute Resolution workshop is a definitive event, designed for those working in the construction sector.
Delegates will benefit from workshop sessions including 'Adjudicators' challenges in NEC4', 'Practical Arbitration' and 'Adjudicator Appointments'.
As in previous years these workshops 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.
Choose two from:
You should attend this event if you:
ICE Members £235 excl VAT
Non-members £275 excl VAT
09:00 – Arrival Registration and Refreshments
09:20 Welcome from the Chair
Mr. Raymond Joyce – Dispute Resolution Panel Chair
09:30 Lecture 1 – Opening address by The Hon. Mrs Justice O'Farrell DBE
High Court Judge 'Challenges for the Judiciary'
10:05 Lecture 2 – Ms Claire Packman, Barrister at 4 Pump Court
'What's new in the law for adjudicators?
An update on developments in the law in 2017 and how they impact on adjudication procedures and the resolution of construction disputes
10.50 Refreshments and Networking
11:20 Lecture 3 – Emily Monastiriotis, Partner Simmons & Simmons LLP
'Adjudication of complex disputes'
Emily will be looking at whether or not Statutory adjudication is a suitable forum for resolving complex construction disputes and will deal with issues that arise both for adjudicators and party representatives. She will review the relevant legislation and case law and adopt a practical approach.
11:50 Lecture 4 – Mr John Hughes-D'Aeth , Partner (Engineering and Construction), Berwin Leighton Paisner LLP.
"NEC4: Collaboration to Avoid Disputes".
The philosophy of the NEC suite of contracts is that collaboration and a foresighted approach to risk management can help to minimise the occurrence of disputes on construction projects. But what does this mean in practice, and how successful has the NEC been in achieving its vision? This talk will examine some of the benefits and challenges of working under an NEC contract and will consider how the changes made in the recently-published NEC4 update might enhance its collaborative ethos."
12:30 Lunch and Network
13:30 Workshop session one – 3 workshops repeated (1 hour 15 mins)
Leader 1 – Mr Patrick Waterhouse CEng FICE FCIArb FCInstCES and Mr James Golden BEng LLB CEng FICE MCIArb FInstCES MRICS
The new NEC4 contracts contain new provisions, not just in dispute resolution. There is a new dispute resolution option W2. This session will considerthe new W2, how it should work and actually works from an adjudicator's point of view. With sufficient time, there will be a debate about some of the common NEC-specific things that adjudicators face such as compensation event notifications, Z clauses and their effect etc.
Leader 2 – Mr David Cartwright MA FRICS FCIArb FAMINZ(Arb), Chartered Arbitrator, Adjudicator, Mediator
Managing the arbitral process. An opportunity to consider and discuss procedure and practicalproblems that may arise during the conduct of an arbitration.
Leader 3 – Mr. Robin Gupta: BSc LLB CEng FICE Solicitor
This workshop will explore and discuss: Adjudicator appointments; liens and deposits on fees; terms and conditions; methods of acceptance, or otherwise, of those terms and conditions; appointment as a named individual for personal professional services; operating as an adjudicator or arbitrator, and payment, through a company and/or an employer; Christopher Linnett Limited and Christopher Linnett v Matthew Harding.
14:45 Refreshments and Networking
15.00- 16:15 - Workshop Session two
16:20 Closing remarks – Mr. James Golden Dispute Resolution CPD Panel Chair
16.30 – Close and networking
Mr Raymond Joyce is the Dispute Resolution Panel Chairman (2013-2017) 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.
Ms Claire Packman'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. She 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 Legal 500 and 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. She 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."
Emily is a partner with experience in construction and professional indemnity law. She has advised insurers and all sides of the construction industry on a wide range of construction and engineering disputes and has pursued and defended claims for delay and associated costs, final accounts, fees and defective works. She has acted in professional negligence claims representing PI Insurers and professional insureds (in particular architects, engineers, quantity surveyors and other construction specialists).
Emily has worked on arbitrations (both domestic and international), court proceedings and adjudications. She has particular expertise on acting in arbitrations involving construction projects in the Middle East where she travels to frequently.
Mr John Hughes-D'Aeth is a senior partner in the non-contentious team within the market leading Engineering, Construction and Procurement group at City of London law firm Berwin Leighton Paisner LLP. He has over 30 years' experience of advising developers, funders, utilities and public bodies on procurement strategy and the drafting and negotiation of construction documentation for major building and infrastructure projects, both in the UK and overseas, with a particular focus on NEC contracts. Clients with whom he has worked on NEC-based procurements include Highways England, National Grid, Thames Water, Airport Authority (Hong Kong) and the Olympic Delivery Authority.
John has for many years been recognised in the Chambers UK and Legal 500 legal directories as a leader in his field. He was a member of the NEC Drafting Board overseeing the production of the new NEC4 suite of contracts. He is also a member of the consultation board of Practical Law Construction, for whom he blogs regularly on construction-related topics and has authored various practice notes on NEC3 and NEC4. He is the Chairman of the City of London Law Society's Construction Law Practice Committee and is a regular conference speaker.
Mr Patrick Waterhouse is a chartered civil engineer, adjudicator and mediator. He advises investors, contractors and consultants on dispute resolution in a wide range of contracts with a particular focus on PFI and NEC contracts. He is on the panels of adjudicators for ICE, CIArb, TeCSA and CIC.
Mr James Golden 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.
Mr David Cartwright is a Chartered Quantity Surveyor, Chartered Arbitrator and is a Registered Adjudicator, Mediator and Conciliator. He is Principal of Cartwrights Construction Consultants in Pershore, which he formed in 1988. He is a Fellow, Panel and Past Council Member of the Chartered Institute of Arbitrators, a Fellow of the Royal Institution of Chartered Surveyors, a Fellow of AMINZ and a Founding Member of the Expert Witnesses Institute. He has a Masters Degree in the Law of the Built Environment.
He is President of the Society of Construction Arbitrators, Past Chairman of the West Midlands Branch of the Chartered Institute of Arbitrators, Past Founding Chairman of Constructing Excellence for Gloucestershire, Past Chairman and Secretary of Birmingham Arbitration Club, Past Chairman of the Western Counties Branch of the Chartered Institute of Arbitrators, Past Chairman of the South West QS Division of the RICS and a member of ARBRIX, as well as other professional bodies.
David has spent over 40 years in the construction industry, including having been Chairman and Managing Director of a multi-disciplinary practice. He has worked and advised on a wide range of construction and engineering projects and is experienced in arbitration, litigation, adjudication and mediation. He regularly acts as arbitrator, advisor, independent expert, mediator and adjudicator and is a panel member of various Arbitration, Mediation and Adjudication panels. He is also a tutor, examiner and Course Director for CIArb on international arbitration and for the RICS Diploma on arbitration and adjudication. He lectures on dispute resolution, contracts, contractual and management procedures for professional bodies, Universities as well as public and private companies.
Mr Robin Guptaworked 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.