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Lecture

ICE alternative dispute resolution workshop 2024

Event organised by ICE

Date
24 January 2024
Time
09:10 - 16:30 GMT
Location
Institution of Civil Engineers
One Great George Street
Westminster
London, SW1P 3AA
United Kingdom

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Overview

Join us at the ICE’s 15th alternative dispute resolution workshop welcoming all dedicated professionals in the construction industry. Discover the intricacies of adjudication in the UK and broaden your industry expertise. Don't miss this unique opportunity to connect, learn, and grow within the construction sector!

The theme for our 2024 event is: women in adjudication and celebrating the anniversary of the publication of ‘constructing the team’.

On the day, attendees will hear from:

  • ICE President Prof. Anusha Shah
  • Rt. Hon. Lord Justice Coulson
  • Susan Francombe
  • Claire Packman KC
  • Richard Bayfield
  • Ian Heaphy

Prices

  • Members: £166.67 (excl. VAT)
  • Non-members: £208.33 (excl. VAT)
  • ICE student member: £40.00 (excl. VAT)
  • CICES member: £166.67 (excl. VAT)
  • Please note: If you are a CICES member or ICE Student member, please contact [email protected] to book onto the workshop. Do not register via the 'book now' button.

Programme

08:45 - 09:10

Registration and refreshments

09:10 - 09:15

Welcome from ICE President Prof. Anusha Shah

09:15 - 09:45

Address by Rt. Hon. Lord Justice Coulson

Session 1
09:45 - 10:15

Address by Claire Packman KC: construction law update

10:15 - 10:30

Q&A session

10:30 - 11:00

Address by Ian Heapy: 30 years of NEC, avoiding and resolving disputes

11:00 - 11:15

Q&A session

11:15 - 11:40

Networking break

Session 2
11:40 - 12:10

Address by Susan Francombe: Women in adjudication working group

12:10 - 12:20

Q&A session

12:20 - 12:50

Address by Richard Bayfield: Ethics for dispute resolvers

12:50 - 13:00

Q&A session

13:00 - 14:00

Networking lunch

14:00 - 15:00

Workshops - first session:

  • Workshop 1: Not another diversity session, delivered by Patrick Waterhouse and Susan Francombe
15:00 - 15:15

Networking break

15:15 - 16:15

Workshops - second session:

  • Workshop 2: Clause 10.2 Aspiration or obligation, delivered by William Edwards and Robin Gupta
  • Workshop 3: NEC W1 vs W2, delivered by William Brown
16:15 - 16:30

Closing address by James Golden, chair, Dispute Resolution Committee

16:30

Event close

Speakers

Prof. Anusha Shah

Prof. Anusha Shah

Institution of Civil Engineers

president 2023/24

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Prof. Anusha Shah

Anusha Shah is a Fellow of the Institution of Civil Engineers (ICE) and its president for the 2023-24 session. She’s the third woman and first person of colour to be elected as president in over 200 years of ICE history.

She’s a senior director for resilient cities and UK climate change adaptation lead at Arcadis, a global sustainability, design, engineering and management consulting firm.

She’s also a non-executive director at the Met Office, a trustee at the Green Alliance and a visiting professor at Edinburgh University. She was awarded honorary professorship by the University of Wolverhampton for knowledge transfer and an honorary doctorate of engineering by the University of East London for her services to address climate change.

Anusha specialises in water and environmental engineering and has over 22 years of experience in designing, managing and leading projects and programmes in the UK and internationally.

Anusha sits on various industry climate change groups. She represents Arcadis at the London Climate Change Partnership and the 50L Home Initiative of the World Business Council for Sustainable Development. She’s a past chair of the Thames Estuary Partnership Board.

Anusha is the recipient of several awards, including the 2020 Top 50 UK Women Engineers Sustainability Award and the CECA Inspiring Change Award. She was recognised by Climate Reframe as one of the UK’s leading Black, Asian and minority ethnic voices on climate change.

Claire Packman KC

Claire Packman KC

4 Pump Court

Barrister

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Claire Packman KC

Claire is an experienced commercial barrister with over 25 years of experience practising at 4 Pump Court and became a KC in 2021. She has an exceptional reputation in the fields of construction, engineering, professional negligence and international arbitration.

Claire’s practice is split between domestic work and large-scale international cases in the Middle Eastern and elsewhere. Recent cases have involved airports, roads, hospitals, housing developments, shopping centres, government ministries, dredging and commercial property.

As a fluent Spanish speaker, she also has a keen interest in Spanish and Latin American arbitration. She is recommended in Legal 500 and Chambers & Partners for construction disputes, professional negligence work and international construction/engineering arbitrations.

Claire was formerly an elected SCL Council member. She is a contributing author of the Architect’s Handbook, LexisNexis online Adjudication KnowHow and is a former editor of the Adjudication Society newsletter.

Susan Francombe

Susan Francombe

The Business of Building

Engineer, barrister & adjudicator

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Susan Francombe

Susan is a Fellow of the Chartered Institute of Arbitrators (CIArb), a Member of the Institution of Civil Engineers (ICE), a Chartered engineer and a registered barrister. She is actively involved in dispute resolution, sitting as a member of the ICE Law and Contract Management Examination Committee, the ICE Dispute Resolution Committee and is the incoming chair of the Adjudication Society.

Her career as a civil engineer covered design, construction and contract administration for projects including highways, bridges and tunnels. After developing an interest in the law, she was called to the Bar and worked for a major law firm in London.

Susan then went in-house working with architects, insurance companies and consultants. She finally spent 10-years at Laing O’Rourke dealing with contract negotiations and handling disputes before becoming an independent consultant, adjudicator and speaker.

Richard Bayfield

Richard Bayfield

Institution of Civil Engineers

trustee for ethics and professional conduct

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Richard Bayfield

Richard is the Chair the ICE Ethics Committee and currently the ICE Trustee responsible for ethics. Richard’s civil engineering career comprises senior roles as a contractor, consultant and client. He has also studied law and was Chair of the Society of Construction Law in 2003/4. He is one of four civil engineers who have been made Honorary Members of the society. In 2006 he was appointed to the construction minister’s sounding board of six, chaired by the late Sir Michael Latham, which advised on proposed changes to UK construction legislation.

His early career began with Costain working on major projects including the Thames Barrier. The latter part of his career has involved working with large client organisations including Honda, UCL, New College Oxford, and the Church Commissioners. These client leadership roles have subsequently attracted peer awards for successful project delivery. The client role has majored on establishing a positive project culture, clear project governance and pro-active risk management processes. Richard occasionally lectures and writes about client leadership, including methods such as early warnings and conflict avoidance strategies to establish a true collaborative culture.

Richard often acts as an independent project advisor providing a second opinion or peer review on the status of a project. Sometimes this may be formalised into an Adjudicator’s Decision. Frequently such advice is obtained to avoid a formal dispute. Richard was previously appointed to dispute panels for Terminal 5 and the London 2012 Olympics.

Patrick Waterhouse

Patrick Waterhouse

Bowdon Consulting Ltd

director

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Patrick Waterhouse

Patrick Waterhouse is a chartered civil engineer and chartered quantity surveyor. 

He is a mediator, adjudicator, expert witness and expert determiner. His work as a dispute resolver tends to involve high value disputes and often NEC contracts. He is on the panels of 10 nominating bodies including ICE and RICS.  He is vice Chair of the ICE Dispute Resolution Committee. 

He also works as a contract advisor and training consultant.

William Edwards BSc Dip Arb FICE, FCIHT, MCICES, FCIArb

William Edwards BSc Dip Arb FICE, FCIHT, MCICES, FCIArb

W J Edwards & Associates Ltd

Director

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William Edwards BSc Dip Arb FICE, FCIHT, MCICES, FCIArb

Over forty years’ experience in the construction industry, working primarily in the highway sector. He is a chartered civil engineer and chartered arbitrator. He has worked for Contractor, Local Authority, Central Government and Civil Engineering Consultant. Retired from fulltime employment at the end of April 2020.

Bill is on the ICE list of Arbitrators and has acted as arbitrator and arbiter on disputes ranging in value from £30 million to £500K. As a civil engineering adjudicator on the ICE and CIC lists, Bill has been involved in over fifty adjudications covering issues such as extension of time, valuation of final accounts and quality matters. He has also undertaken two expert determinations for disputes connected to a major highway DBFO contract. He has acted as an expert witness and given evidence in court.

Robin Gupta

Robin Gupta

Robin Gupta Consultants Ltd

Consultant

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Robin Gupta

Robin is a Chartered Civil Engineer and also a Solicitor. Robin worked for Sir Robert McAlpine for 25 years, then qualified as a Solicitor in 2000 and specialised in all construction related matters. Robin was involved in Arbitrations, Mediations and Litigation, as well as Adjudications. Robin also specialised in non contentious work such as advising on contract procurement, contract conditions and specialised amendments, contract documents, professional appointments, bonds, warranties and novations. Robin was a partner in Clarke Willmott LLP (solicitors) between 2007 and 2013 and was recognised as a ‘leading construction lawyer’ in Chambers UK guide to the Legal Profession.

Robin qualified as an Adjudicator in 2001and is currently on the Adjudication panels of both the ICE and the RIBA. Robin now works for himself, taking appointments as an adjudicator as well as running training courses on dispute resolution and JCT and NEC contracts.

James Golden

James Golden

ICE Dispute Resolution Committee

chair

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James Golden

James is Director at Quigg Golden and is a seasoned construction adjudicator, mediator, and party representative. He has over 30 years’ experience helping and representing employers, contractors, subcontractors and consultants throughout the UK, Ireland, as well as experience in Hong Kong and the Middle East. He has extremely strong practical and theoretical knowledge on all the standard forms of building contracts used in the UK and Ireland and has provided advice to central governments, local governments, and contracting organisations on contractual and disputed issues. He regularly acts as the dispute resolver in adjudication, conciliation and mediation, in addition to representing parties in all forms of ADR forums, including litigation and arbitration.

James is experienced in all aspects of dispute resolution and large-scale project management. He is a practising adjudicator: a member of a number of appointing body panels including the Institution of Civil Engineers, TeCSA and the ministerial panel in Ireland. He is also a training tutor on the NEC forms of contract for the Institution of Civil Engineers.

Rt. Hon. Lord Justice Coulson

Rt. Hon. Lord Justice Coulson

judge

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Rt. Hon. Lord Justice Coulson

Lord Justice Coulson was called to the Bar (Gray’s Inn) in 1982. He was appointed a Queen’s Counsel in 2001 and became a recorder in the same year. He was appointed a senior circuit judge, sitting in the Technology and Construction Court in 2004.

He was appointed a judge of the High Court (Queen’s Bench Division, now King’s Bench Division) in January 2008. He served as presiding judge of the North Eastern Circuit from 2011 to 2014, and was the judge in charge of the Technology and Construction Court, from September 2016 to February 2018.

He was appointed a Lord Justice of Appeal in March 2018. He was appointed deputy head of Civil Justice from 8 March 2018 to 11 January 2021.

Ian Heapy

Ian Heapy

IN Construction Consulting

Director

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Ian Heapy

Ian has over 30 years of experience in the construction industry, including aviation, oil & gas, rail, water, highways and building. He has worked with clients in the UK, Europe, Middle East, Far East, North America and Australia including government bodies, private sector employers and contractors.

Ian specialises in the development of innovative procurement strategies with particular expertise around partnering, alliancing and target cost contracts.

Ian is a member of the NEC4 Contract Board has been directly involved in drafting and shaping the fourth generation of NEC contracts.

In addition to his NEC and procurement work Ian also acts as adjudicator, dispute resolver and quantum Expert Witness.

William Brown

William Brown

Fortfield & Brown

Director

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William Brown

William is a civil engineer, solicitor (E&W) and adjudicator at Fortfield & Brown, a specialist legal firm with expertise in construction law, contract training and dispute resolution.

William is retained by a wide range of clients from large public sector bodies to small subcontractors. He regularly advises clients on all aspects of construction law and is a lecturer in construction law and dispute resolution at Queen’s University Belfast.