Mayer Brown Litigation & Dispute Resolution partner Jason Leung participated as a distinguished panelist in the Adjudication Conference 2024 organized by the Hong Kong Institute of Construction Adjudicators (HKICAdj) on June 28, 2024. Held at the South China International Arbitration Center, the conference focused on the theme "Getting Prepared with Security of Payment and Opportunities in Adjudication." Jason Leung, along with other industry experts, provided valuable insights into the recent updates on security of payment in the construction industry. His session explored recent updates and potential legal implications of the forthcoming Construction Industry Security of Payment legislation. Other sessions at the conference included opportunities in adjudication and discussions of practical experiences in adjudication. Mayer Brown is dedicated to sharing our expertise and contribution to the growth and development in the legal and construction industries. We look forward to continuing our involvement in events that shape the future of the industry. We would also like to express our appreciation to the Hong Kong Institute of Construction Adjudicators (HKICAdj) for inviting Jason to speak at this successful event, providing a platform for industry professionals to collaborate and exchange valuable insights. #AdjudicationConference2024 #Construction #SecurityofPayment
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Construction Professional, Contract Administrator, Alternative Dispute Resolution (ADR) Expert ,Construction Claims Specialist, Arbitrator, Real Estate Lawyer, Barrister and Solicitor of the Supreme Court of Nigeria
ADJUDICATION IN CONSTRUCTION DISPUTES In general term, adjudication can be defined as the settlement of disputes in a judicial manner by a third-party neutral who gives a decision which could be binding or non-binding depending on the prevailing circumstances. The implication of the foregoing is that adjudication involves all the mechanisms of resolving construction disputes ranging from mediation to litigation. In the narrow sense however, adjudication is the mechanism for dispute settlement by an expert third-party neutral, during the pendency of a construction project, who issues provisionally binding decision that could only be overturned by an arbitral or litigation proceedings. Where adopted, adjudication provides a quicker and cheaper means of resolving disputes as against the default referral to arbitration or litigation. Most standard forms of contracts such as FIDIC, etc; provide for a dispute to go through adjudication first before being referred to arbitration or litigation. In conclusion, it must be noted that, the decision obtained by way of adjudication is not final as it could be reversed by an arbitral tribunal or a litigation proceeding if referred by a dissatisfied party. #adjudication #constructionlaw #contractmanagement #claimsmanagement #disputeresolution #arbitration #litigation
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Article | Dr. Franco Mastrandrea a Quantum and Delay Expert, Who's Who Legal Global Elite Thought Leader and Partner at HKA, discusses what Dispute Avoidance/Dispute Adjudication Boards (“DAABs”) can/should do and what they should not do as part of their work in avoiding/rapidly deciding construction disputes. Read the article in full 👉 https://lnkd.in/ek4bykZg #DisputeResolution #Adjudication #DisputeAvoidance #HKAExperts
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A DOSE OF LAW | No arbitration agreement, no CIAC jurisdiction Published 10 June 2024, The Daily Tribune In recent years, the legal community has recognized arbitration as the preferred mode of resolving disputes. With respect to construction disputes, there has also been a rise in parties providing an arbitration clause in contracts. Pursuant to the Construction Industry Arbitration Law (CIAL), the Construction Industry Arbitration Committee (CIAC) was created to encourage the expeditious settlement of disputes in the Philippine construction industry. Despite the expedient nature of submitting disputes to the CIAC, the Supreme Court recently reminded in a case that CIAC has jurisdiction only when both parties agree to submit their construction dispute to arbitration. Dean Nilo Divina discusses the case of Karen Baldovino Chua v. Noel De Castro (G.R. No. 235894, 5 February 2024). Read it here: https://bit.ly/3yXLhju #ADoseOfLaw #construction #dispute #arbitration #ciac
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Many commercial construction contracts require the parties to engage in a dispute and claims resolution process under the auspices of the American Arbitration Association. The AAA has amended its Construction Industry Arbitration Rules and Mediation Procedures for the first time in almost ten years. If your business involves the construction industry, you should be aware of these changes. For additional information, please contact me, David Applefeld, Esq. at [email protected] . #constructionlaw #disputerelolution #arbitration #constructionmediation #constructionclaims #constructionattorney #constructioncontracts #marylandlaw
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Woods LLP partner Alexandre Baril-Furino sat down with Lexpert to share insights on key legal trends shaping construction and PPP disputes: 🏗️ Increasing use of Dispute Resolution Procedures (DRP) 🌐 Impact of global events on delays & cost escalation ⚖️ Evolution of force majeure clauses & arbitration expertise To read the article, click the link below: https://lnkd.in/egFPhHtN #LegalInsights #ConstructionLaw #PPP #DisputeResolution
Dispute Resolution Blueprint: Managing Disputes in the Construction and PPP Sectors
lexpert.ca
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🔨 New Blog Post Alert! 🔨 Check out our latest article: Dispute Resolution Mechanisms in Construction Contracts: A Comprehensive Overview! In the complex world of construction, disputes are inevitable. Understanding how to navigate and resolve these conflicts is essential for contractors, property owners, and stakeholders. Our article dives into the various dispute resolution mechanisms available, including negotiation, mediation, arbitration, and litigation, specifically within the context of Ontario and British Columbia's legal environment. 📌 Key Highlights: Understanding Dispute Resolution in Construction Contracts Types of Dispute Resolution Mechanisms Best Practices for Implementing Dispute Resolution Mechanisms Case Studies and Practical Insights Choosing the right strategy can save time, reduce costs, and preserve business relationships. Don't miss out on this valuable resource for managing construction disputes effectively! Read the full article here: https://lnkd.in/eSQmXSsJ #ConstructionLaw #DisputeResolution #ConstructionIndustry #OntarioLaw #BritishColumbiaLaw #LegalAdvice
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Senior Claims Manager - Chartered Quantity Surveyor, experienced Contracts Manager , Quantum, Billion-dollar mega projects such as LNG Canada, PLNG - Papua New Guinea, GLNG, APLNG - Australia
The Society of Construction Law - North America proudly presents our latest event. It is a virtual event and will take place on 5th December 2023 at 1.00 pm MST. We have an amazing panel put together. Please sign up here: https://lnkd.in/gnEWq5aZ Efficient and cost-effective dispute resolution is a constant theme in the construction industry. However, the nature of the disputes is varied, including numerous factual and legal issues, especially in ongoing projects. Are all dispute resolution mechanisms equally capable of resolving these disputes? Join our panel as they address these issues and the pros and cons of different alternative dispute resolution mechanisms, including expert determination, consultant referrals, arbitration and adjudication. Anthony Burden Peter Banks Ali Fard (LLM, MBA, BSc, MRICS, FCIArb) Barbara Capes #constructionlaw #law #scl #arbitration #arbitrationlaw #adjudication #litigation
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The dispute resolution clause in FIDIC’s 2017 forms of construction contract provides for multiple tiers or steps to be satisfied before a party can refer a dispute to arbitration. It also provides that, in certain cases, where a party fails to comply with a step (for example, an agreement of the parties under S-C 3.7.5, a final and binding determination of the engineer, or a decision of a dispute adjudication board), the other party may refer that failure directly to arbitration, bypassing whatever steps remain to be satisfied. However, the forms provide no guidance or recommendations as to how such direct arbitration is to proceed. Accordingly, I do so in the current issue of The International Construction Law Review [2024] ICLR 106. I hope that FIDIC, the ICC and users find this helpful. https://lnkd.in/eNgVfciu #Internationalarbitration #FIDIC #Internationalconstruction #arbitration #constructionlaw #construction #constructionindustry
PROPOSAL FOR ENFORCEMENT OF AGREEMENTS OF THE PARTIES, FINAL AND BINDING DETERMINATIONS OF THE ENGINEER AND DECISIONS OF THE DAAB UNDER FIDIC’S 2017 RAINBOW SUITE (AS AMENDED IN 2022)
i-law.com
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In case you missed it, my recent contribution to GAR's guide to construction arbitration, "Agreements to Arbitrate", can be found via the following link to my website:
Agreements to Arbitrate Disputes in Construction Contracts - Paul Darling KC - Construction and Commercial Barrister
https://pauldarlingkc.co.uk
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Great article by Hugh Brown on the recent revisions to the AAA Construction Industry Arbitration Rules!
The American Arbitration Association recently revised its widely used Construction Industry Arbitration Rules. This Briefing Paper, recently published in the ABA Construction Forum publication “Under Construction,” explains the most significant changes and their implications for contractors and their counsel.
Updates to the American Arbitration Association’s Construction Arbitration Rules - Fabyanske, Westra, Hart & Thomson
https://www.fwhtlaw.com/blog
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