SCL Focus on Asia Construction Law Conference 2015
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1 SCL Focus on Asia Construction Law Conference 2015 Tuesday, 1 September 2015, 6.30 p.m. to 9.00 p.m. Wednesday, 2 September 2015, 9.00 a.m. to 5.30 p.m. Hotel Fort Canning, 11 Canning Walk, EARLY BIRD RATES Register & Pay by 30th June 2015 About this Conference Organised by: Building on the strength of the community of Societies of Construction Law, this Focus on Asia Conference will bring together thought leaders from across the region to address how the growth of the regional construction industry has impacted on corresponding legal developments, regulation and policy. SCL () is pleased to have Sir Vivian Ramsey grace the occasion as our Keynote Speaker. Participants will explore current trends, latest developments and the future direction of construction industry regulation across the region. Panel topics will include key recent developments in construction law and regulation as well as new options and avenues for the avoidance and resolution of disputes. This Conference aims to bring together senior legal practitioners, inhouse counsel and construction industry stalwarts from around Asia to discuss the future of our industry. Who Should Attend Architects, developers, contractors, engineers, project managers, consultants, managing agents, management corporations and other professionals involved in the construction industry who deal with legal, regulatory and contractual issues Construction consultants Law, building & construction academics and students In-house counsel & legal officers working in the construction industry Lawyers Keynote Speaker: Sir Vivian Ramsey Exclusive Conference Lanyard Sponsor: Gold Sponsor: Continuing Professional Development Silver Sponsor: Practice Area: Construction Training Level: Update CPD Points: 6 Public CPD Points BOA-SIA - 4 CPD Units SIArb - 8 CPD Points PEB - 7 PDU SISV - Pending
2 Program Outline
3 Our Speakers About our Keynote Speaker Sir Vivian Ramsey Sir Vivian Ramsey qualified as a civil engineer before studying law, being called to the Bar in 1979 and becoming a QC in He practised as a barrister in Keating Chambers and was Head of Chambers. He established an international practice as an advocate, arbitrator, adjudicator and mediator in technical and commercial disputes. In November 2005 he was appointed as a High Court Judge and served as judge in charge of the Technology and Construction Court in London. In 2011 he retired and now acts as a judge, arbitrator, mediator, dispute board member and expert. He also lectures widely and edits Keating on Construction Contracts. In January 2015 was appointed as an International Judge in the new International Commercial Court. Speakers & Moderators Mr. James Booker - President Director & CEO, PT. JBCS Indonesia James has been a resident of Indonesia for more than 24 years. He has extensive experience on the development, financing, construction and operation of major projects in the energy, mining and infrastructure sectors in Europe, North and South America, and Asia. He advises clients on the development of power projects and also advises clients with respect to drafting and negotiating construction contracts in the oil & gas sector. He is a dispute board member on the Jakarta MRT Project and the Medan-Kuala Namu Toll Road Project. He sits as mediator and arbitrator for disputes in the mining, energy, construction and general commercial sectors, and acts as advisor to clients in mediation, arbitration and adjudication. Mr. Chan Leng Sun SC - Principal, Baker & McKenzie.Wong & Leow, Leng Sun heads the Dispute Resolution practice in Baker & McKenzie.Wong & Leow and is Baker & McKenzie s Asia Pacific Head of International Arbitration Practice. He is qualified in Malaysia, and England. Leng Sun was appointed Senior Counsel in January In addition to years of experience in maritime-related work, he has a broad commercial practice that covers international trade, insurance and company law. Apart from being counsel, Leng Sun is a Chartered Arbitrator and President of the Institute of Arbitrators (SIArb). He serves on various statutory tribunals and is on the panel of leading arbitral institutions. Leng Sun is a Chairperson of the arbitration panel jointly appointed by the EU and Korea under the protocol on cultural cooperation of the Korea-EU FTA. He is on the Advisory Panel of the Maritime Foundation. Leng Sun was a legal officer of the United Nations Compensation Commission in Geneva and a SIAC-CIAC Observer to the UNCITRAL Working Group on Arbitration. He has published widely in international journals and is the author of the book Law on Arbitral Awards and Co-Editor of Conflict of Laws in Arbitration. Leng Sun has been recognised as a leading lawyer in legal and industry publications. Mr. Anil Changaroth Managing Director, CHANGAROTH CHAMBERS LLC, Anil an advocate and solicitor of and Solicitor of England and Wales has been in practice since 1995 after a five-year career as a infantry officer with the Armed. Having worked with local firms, in-house and an international firm, he established CHANGAROTH CHAMBERS LLC on 1st July 2014, primarily involved with commercial, civil, corporate & criminal dispute resolution with a focus on construction related mediation, adjudication, arbitration and litigation. Mr. Veeraraghavan Inbavijayan - Managing Partner, KoVe Global LLP, India V.Inbavijayan was educated at Dr.Ambedkar Govt. Law College, University of Madras. On completion of his legal education, he took up litigation practice at High Court of Madras (1997). His enthusiasm towards ADR made him to pursue whole time arbitration practice since So far he has presided as sole arbitrator and represented as counsel in over 300 domestic cases, several Documents only small claims finance arbitrations and 11 international arbitrations. His areas of practice include international commercial arbitration, maritime arbitration, international trade & contracts, IPR, construction disputes, finance & banking disputes, securities market, JVs, L/Cs, ADR, sale of goods, domain name disputes and investment disputes. He has been accredited as an arbitrator in HKIAC, CIETAC, BAC, RCAKL, CRCICA, ICADR, ICA, CIDRA and various other regional & national arbitration institutions. To add up, he is a co-founder and former Secretary of an arbitration institution, CNICA and inducted as member of ICCA. Recently he has been approved as Tutor of Chartered Institute of Arbitrators, UK and had been listed in the 2008 edition of International Who s Who of Commercial Arbitrators. Ms. Sae Youn Kim Partner & Vice-Chair, International Dispute Resolution Practice, Yulchon, Korea Sae Youn Kim is vice-chair of the International Dispute Resolution Practice at Yulchon. Ms. Kim practices primarily in the areas of litigation and arbitration with an emphasis on commercial and construction law. Before joining Yulchon, she served as a judge at various Korean district courts including the Seoul District Court, the Daejeon District Court, and the Suwon District Court. She was also an attorney at Lee & Ko for many years. Ms. Kim is currently an arbitrator at the KCAB, SIAC and the KLRCA and is licensed to practice in Korea and New York. She is a founding committee member of SCL Korea. She is regularly selected as a leading lawyer by publications such as Chambers Global and Asialaw. Mr. George Lim - Partner, Wee, Tay & Lim LLP; Deputy Chairman, International Mediation Centre George Lim is a Senior Counsel, and Deputy Chairman of the International Mediation Centre. George was President of the Law Society of from , and is currently with Wee, Tay & Lim LLP. George did his mediation training in 1996 at CEDR, and later at Harvard. In 1997, he helped to set up the Mediation Centre (SMC). He is certified by the International Mediation Institute (IMI) and has successfully mediated many complex cross-border disputes. As part of SMC s training faculty, George has conducted mediation workshops for judges and lawyers in Bahrain, Dubai, Fiji, Hong Kong, Malaysia, Myanmar, the Philippines and Thailand. George serves on the panel of arbitrators of the International Arbitration Centre (SIAC). He is the Dispute Resolution Counsellor of the National Electricity Market of, and sits on the Panel of Conciliators of the International Centre for Settlement of Investment Disputes (ICSID). In 2014, George was identified by The International Who s Who of Commercial Mediation as being among 298 of the world s leading commercial mediators. He is the co-editor of Mediation in : A Practical Guide. Mr. Ivan Y. F. Loo - Partner, Dispute Resolution Division, SKRINE, Malaysia Ivan Y. F. Loo graduated from the University of Bristol, United Kingdom and thereafter called to the Bar of England and Wales (Gray s Inn). In 1992, he was admitted as an Advocate & Solicitor of the High Court of Malaya. He is a Partner in the Malaysian law firm of Skrine where he heads the Construction and Engineering Practice Group. A significant portion of his past and present work involves the construction industry where he appears primarily as lead counsel in arbitration, adjudication and litigation proceedings. He also drafts and reviews construction related contracts. Ivan also sits as arbitrator in both international and domestic arbitrations. He also sits as adjudicator and mediator and is an accredited mediator with the Malaysian Mediation Centre. He is a Fellow of the Chartered Institute of Arbitrators (UK), the immediate past President of the Society of Construction Law (Malaysia), Vice President of the Malaysian Society of Adjudicators, a committee member of the Arbitration and Alternative Dispute Resolution Committee of the Bar Council and a Panel Member of the Disciplinary Committee of the Legal Profession Disciplinary Board.
4 Speakers & Moderators Mr. Naresh Mahtani Partner, Eldan Law LLP, Naresh Mahtani, FSIArb, FCIArb, has been in active legal practice for 30 years, in dispute resolution and regional and international construction and oil and gas projects as counsel and advisor, as well as arbitrator, adjudicator and mediator in various cases in and the region. He was Chairman of the Society of Construction Law, ( ) and is currently the Hon. Secretary of the Institute of Arbitrators. He was a founding partner of ATMD Bird & Bird LLP; and is currently a partner with Eldan Law LLP, with an active practice in dispute resolution and construction projects. He has a keen interest in New ADR for more efficient and progressive means of resolving disputes to be used in conjunction with more established procedures. Mr. James Monteiro - Principal Partner, Messrs James Monteiro (Advocates & Solicitors), Malaysia James is the principal partner of Messrs James Monteiro (Advocates & Solicitors) and has over 18 years of experience as an Advocate & Solicitor. James specialises in the areas of construction & engineering and energy, including project advisory, risk management and dispute resolution. James has acted for a variety of clients both foreign and local, ranging from multi-nationals, government linked companies and public and private companies. James is the current President of the Society of Construction Law Malaysia, a member of the Malaysian Institute of Arbitrators and an empanelled adjudicator with the Kuala Lumpur Regional Centre for Arbitration. Ms. Trinh Nyuen - Managing Partner, Trinh Nyuen & Partners, Vietnam Trinh is one of a few Vietnamese nationals who are qualified to practice law in both Australia (admitted by the Supreme Court of Victoria) and Vietnam. She holds a Master of Laws (advanced) in Commercial Laws from the UQ (Australia). Having previously practiced at international firms such as Freehills, Phillip Fox (in Vietnam) and HopGood Ganim (in Australia) and leading Vietnamese law firms over the past seventeen years, Trinh has turned her experience gained from large practice into a unique service style that helps her boutique practice grow in a niche legal market. Trinh s corporate and contractual advice is sought by large international and Vietnamese engineering, architect firms and developers for their long term projects and business plans within Vietnam or with Vietnam or for the assistance with international arbitration of disputes arising from land-based and sea-based construction projects. Mr Mohan Pillay Joint Head of Office, Pinsent Masons MPillay; Managing Partner, MPillay, Mohan R Pillay is a and UK qualified disputes lawyer with over 25 years experience in commercial litigation and regional arbitration work. He is a Chartered Arbitrator and Joint Head of Pinsent Masons MPillay LLP, a Joint Law Venture and Managing Partner of the constituent practice of MPillay. His main areas of practice are commercial & corporate disputes, professional negligence, building & civil engineering contracts, and arbitration. He has acted as Arbitrator (both sole and presiding) in domestic and international arbitrations. Mohan s teaching appointments have included Adjunct Associate Professor, Faculty of Law, National University of ( ) and Visiting Professor, the Centre of Construction Law, King s College London ( ). He is the Past Chairman of Society of Construction Law () ( ) and Past President of the Institute of Arbitrators ( ). He is presently Co-Chair of the Dispute Resolution & Arbitration Committee, IPBA ( ). Mr. Kash Quddus In-House Counsel, Black & Veatch, Kash Quddus is in-house counsel at Black & Veatch in, and an English lawyer with 12 years experience in international construction law. Kash has spent the latter half of those years in China and, and advises on infrastructure projects throughout Asia, particularly in the energy and water sectors. As an end-user of construction law, his perspective on legal developments comes very much from a commercial and practical viewpoint. Kash was brought up in Winchester, England and educated at the University of Hull and at East China Normal University, Shanghai. Mr. Roderick R.C. Salazar III Senior Partner, Fortun Narvasa & Salazar, Philippines Roderick R.C. Salazar III is a Senior Partner at the Philippine general service firm of Fortun Narvasa & Salazar. With over 27 years experience in law, Dicky specialises in corporate and commercial law, and mining, energy and natural resources law. Dicky counsels corporate clients in all aspects of corporate law, mergers and acquisition, construction arbitration, and acts as director and corporate secretary of various companies. Dicky represents foreign and Filipino mining companies, hydro-electric companies, renewable energy companies, and construction companies. He lectures on corporate law, partnership, agency and trust and property law in three (3) colleges of law. Mr. Robert Palmer Partner, Ashurt LLP, Rob Palmer is a Partner in the dispute resolution team in Ashurst s office. Based in Southeast Asia since 2003 (, Jakarta and Bangkok), he is listed in legal directories as one of s leading construction lawyers. Rob has a particular focus on dispute resolution in international energy, construction and infrastructure projects, and has conducted arbitrations under the rules of all the major arbitral institutions. He has also drafted and negotiated construction contracts for major projects in the transport, utilities, power and oil & gas sectors. Rob is qualified in New Zealand, New South Wales and England, and is a Fellow of the Chartered Institute of Arbitrators, the Institute of Arbitrators and the Australian Centre for International Commercial Arbitration. He sits as arbitrator and is a member of the panel of arbitrators of the ACICA, the KLRCA, and BANI. Mr. Zachary Sharp Senior In-house Counsel, Hyundai Heavy Industries, Korea Zachary Sharpe is a senior in-house counsel and head of legal for shipbuilding and offshore construction at Hyundai Heavy Industries (HHI) in Ulsan, South Korea. He handles procurement, execution and closeout of a wide-variety of offshore and onshore projects, ranging from floating production storage and offloading rigs to modular onshore LNG plants to sub-sea pipelines. His responsibilities cover both contentious and non-contentious matters, including negotiations of major project contracts with employers and subcontractors, strategic advice and project risk analysis, claim consulting, expert adjudication and dispute settlement. He has also previously worked on a variety of project contracts and subcontracts for the industrial plant, engine and machinery, electro-electric systems and green energy divisions at HHI.
5 Speakers & Moderators Mr. Henry Sherman Senior Consultant, Minter Ellison, Hong Kong Henry Sherman is a senior consultant in the construction and dispute resolution team in Minter Ellison s Hong Kong office. Henry advises clients from all sectors of the industry on disputes arising from major projects in Hong Kong, PRC, Mongolia and across the region. He has advised on arbitrations conducted under the rules of the ICC, HKIAC, CIETAC and other arbitral institutions as well as on court proceedings, mediation and expert determination. Prior to joining Minter Ellison Henry spent over 20 years as a partner with a UK law firm. His experience in that capacity includes advising on security of payment claims and enforcement proceedings under the UK statutory adjudication regime. Henry is qualified in England and Wales (1977) and Hong Kong (1985). Mr. Ratan K. Singh - Chairman, Indian Branch of Society of Construction Law UK, India Mr. Ratan K. Singh is practicing international and domestic arbitration, international commercial and joint venture and financial law, mining law, construction and infrastructure law. Mr. Singh sits as arbitrator and has chaired or participated as tribunal member or counsel in various domestic and international arbitrations, adhoc as well as under the rules of ICC, UNCITRAL, SIAC, ICA, DIAC etc. He did his Masters in Geology and Bachelors in Law from Delhi University in Mr. Singh is director of Indian Branch of Chartered Institute of Arbitrators ( CIArb ), London, Chairman of India branch of Society of Construction Law, UK and Patron of Centre for Tourism Studies, Rajasthan Chamber of Commerce. He is on the editorial board of Law Reports, Recent Arbitration Judgments and Bank CLR. Being an approved faculty/tutor with CIArb, London, he is actively training practitioners and students. He has been visiting various law schools, including National Law Schools and has been also judging various moot courts, including William C. Vis Moot. He is also instrumental in streamlining dispute resolution processes of many private and governmental organisations. Ms. Debby Sulaiman - Partner, Oentoeng Suria & Partners, Indonesia Debby Sulaiman is the dispute and bankruptcy/ restructuring partner in Oentoeng Suria & Partners, a Jakarta-based law firm in association with Ashurst LLP. She is admitted in Indonesia and has extensive experience in handling complex and transnational commercial disputes, both court litigation and arbitration, as well as bankruptcy/restructuring work. Debby is a qualified advocate and thus able to appear in all courts throughout Indonesia; also domestic and international arbitration. Her past experience, amongst others, also includes anti-trust and antimonopoly disputes, construction disputes, employment and regulatory/compliance issues, and case management work. Mr. Shintaro Uno - Nishimura & Asahi ( office) Uno Shintaro is a Japanese lawyer of Nishimura & Asahi ( office), who used to work as an inhouse counsel for Shimizu Corporation in. He has abundant experience in international construction disputes in various jurisdictions including, Indonesia, Malaysia, UAE, Japan and United States. He is admitted as a Fellow of Chartered Institute of Arbitrators and a Fellow of Institute of Arbitrators. He is empanelled with the list of arbitrators of BANI, and the list of arbitrators and adjudicators of KLRCA. Mr. Alex Wong - Partner, Hogan Lovells Lee & Lee, Alex is a Partner in Hogan Lovellsʼ office and a member of the Infrastructure, Energy, Resources and Projects practice. Respected by clients and recognised as a leading lawyer by independent industry publications such as Asia Pacific Legal 500 and IFLR1000, Alex has more than 18 years of experience advising on construction, infrastructure, energy and natural resources, PPP and government procurement projects in and across Asia. Alex speaks and writes regularly on a wide variety of infrastructure law related topics, including a chapter to a book endorsed by the Lee Kuan Yew School of Public Policy in titled Water Governance An Evaluation of Alternative Architectures. Alex is the Vice-Chairman of the Society of Construction Law in. He is also an adjunct professor for law of project finance at Management University. He is admitted to practise in and England and Wales. Dr. Elvis Zhou Partner, Beijing Hesen Law Firm (Hesen Law Firm In Alliance with Pinsent Masons LLP), Peoples Republic of China Dr. Zhou was awarded the first PhD in Engineering Law in PRC. He is also a member of Chartered Institute of Building (MCIOB), a member of Royal Institution of Chartered Surveyors (MRICS). Dr. Zhou specialises in full aspects of law relating to construction and engineering for construction projects. In PRC, he is a leading practitioner of EPC projects, construction claims, construction insurance and related construction arbitration and litigation both domestically and internationally. Dr. Zhou is a key member of the drafting team for the first Standard Bidding Document for EPC Projects in PRC. He is also a key member of the revision team for the Sample Form of Construction Contract issued by Ministry of Construction. SCL () is pleased to announce the arrival of Law Rocks! to. In conjunction to our Focus on Asia conference, the inaugural Law Rocks! will be held on the evening of Wednesday, 2nd September, 7:30 pm at Fern & Kiwi, Clarke Quay. Law Rocks! is in its 6th year and is a battle of the bands style concert featuring bands from the legal community that will compete against each other live on stage. Law Rocks! takes place in iconic venues in London, Los Angeles, San Francisco, Boston, New York, Tokyo and now! Profits will be donated towards a local charity as part of the SCL() s outreach initiative. Tickets are only SGD 40 each and can be purchased via
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