Adjudication Course : #2 Practical Drafting & Defending of Adjudication Claims
CIPAA encompasses ‘payment’ disputes involving essentially Construction Contracts as defined in the Act. Other than issues pertaining to payments, it affords parties the opportunity of adjudicating also ‘non-payment’ disputes subject to the relevant provisions of the Act.
Practitioners in the Construction Industry are expected to know all the necessary details in the actual implementation of the various provisions of the Act to ensure that their particular claim is properly presented and defended (as necessary). This requires a thorough working knowledge of not only the specific provisions of the Act but also the way the claims, responses & replies are well formulated or drafted so as not to compromise their effectiveness.
With the above points in mind, this Course is aimed at exposing participants to the detailed facets of the drafting or formulation of the various documents required during the pre-adjudication stage as well as the adjudication stage itself so as to make them more aware of the working of same and to prepare them for implementing the same in practice. To this end, the Course will be conducted on a “Workshop” basis with practical problems and scenarios being presented with the active participation of all participants.
The Course will be over a whole working day i.e. 9.00am to 5.30pm. There will be “break-out”/ ”workshop sessions where participants will be required to involve themselves in problem solving, drafting various documents, working out practical scenarios, etc.
– An Overview of the Adjudication Process: Practical Issues
– Preliminary Stage : How to make & respond to a claim per Section 5 & 6
– Initiating the Adjudication Stage pursuant to Section B
– How to select & appoint the Adjudicator per Section 21 – 23
– Steps in commencing the actual proceedings
– Preparing the various submissions i.e the Adjudication Claim Response, Reply, etc pursuant to Section 9-11
– Miscellaneous issues i.e practical scenarios, working tips, etc
0830 am Registration
0900 am Opening Speech by Professor Datuk Sundra Rajoo, Director of KLRCA
0915 am Lecture on Modules by Ir Harbans Singh & Lam Wai Loon
1030 am Break
1100 am Presentation on Typical Payment Dispute Claim Scenario
11.30 am Workshop Session I
1300 pm Lunch
1400 pm Workshop Session II
1600 pm Break
1615 pm Q&A Session & Review on Workshop
1715 pm Closing Address
1730 pm End
– Contract Manager / Personnel / Project Managers / Finance Officers /Architects / Engineers / Quantity Surveyors / Commercial Managers / Main Contractors / Sub- Contractors / Suppliers / Developers / Employers / Lawyers / Legal Personnel / Other interested in Adjudication
Ir Harbans Singh
Professional & Chartered Engineer, Arbitrator, Adjudicator, Mediator, Advocate & Solicitor (Non Practising)
Ir. Harbans commenced his career in Malaysia before working in Germany and then locally in various professional capacities. He is presently domiciled in Malaysia where he is active in construction law and dispute resolution.Ir. Harbans is the recipient of IEM’s Tan Sri Hj.Yusoff Prize (2001), the Cedric Barclay and the Chartered Institute of Arbitrator’s Awards for the Diploma in International Commercial Arbitration Examination(2003).He is also the author of a series of four books entitled “Harbans’ Engineering & Construction Contracts Management”, co-author of the book “The PAM 2006 Standard Form of Building Contract” and “Construction Law in Malaysia”, contributor to the “Malaysian Standard Forms & Precedents : Construction & Engineering Contracts”, “The Ingenieur” and the “Malayan Law Journal”.
Daniel Tan Chun Hao
Proprietor, Messrs Tan Chun Hao
He holds dual quali cations in both civil engineering and law, and is a practising lawyer. He was admitted to the Malaysian Bar in 1993. Daniel has over 20 years experience in the provision of contractual advice to local and international contractors and owners in the engineering and construction industries. He has been principally involved in arbitrations / dispute resolution, contract management and advisory services on a wide spectrum of projects. He acts as advocate in arbitrations. He is a Fellow of the Chartered Institute of Arbitrators, panel arbitrator and accredited mediator with the Regional Centre for Arbitration Kuala Lumpur, and accredited mediator with the Construction Industry Development Board, Malaysia.
Lam Wai Loon
Partner, Skrine
LAM WAI LOON is a Partner at Skrine. His practice focuses on dispute resolution of building construction related disputes. He has acted as counsel for various large construction companies in a variety of construction disputes. He also sits as an arbitrator. In addition to the legal quali cations, he obtained a Masters Degree in Business Administration from the Heriot-Watt University, Scotland. He is a Fellow of the Chartered Institute of Arbitrators (U.K.), and is on the Kuala Lumpur Regional Centre for Arbitration’s panel of arbitrators and adjudicators. He is the current Vice President of the Society of Construction Law, Malaysia [2012-2014], the Honorary Secretary of the Chartered Institute of Arbitrators, Malaysia Branch [2012-2014], and the Honorary Secretary of the Malaysian Society of Adjudicators [2013-2014].
Chong Thaw Sing
Chartered Arbitrator, Mediator & Adjudicator
CHONG THAW SING practiced as a civil engineer in his rst career. In 1999, he responded to a calling in arbitration as his second career to help ll this long-felt need in the arbitral fraternity for technically trained and legally savvy arbitrators. Along the way to achieving his present profession as arbitrator, Chong has acquired further quali cations in Masters of Science in Construction Law and Dispute Resolution from Kings College/NUS and a Bachelor of Law degree (LLB Hons) from University of London. Over the last decade, he had spent 7 years (the last two as Branch Chairman) with the Chartered Institute of Arbitrators (Malaysia branch) participating in the administration of CIArb Malaysia branch’s activities. Since stepping down as branch chairman in 2008, he has been fully immersed in resolving parties’ disputes in the capacity of an arbitrator in both construction and commercial disputes. He is one of the KLRCA trainers for the CIPAA training course. Mr Chong is a fellow of the Chartered Institute of Arbitrators, UK and a Chartered Arbitrator, Accredited Mediator and KLRCA panel of Adjudicator.
Bar Council of Malaysia Pending Approval
Board of Engineers Malaysia (BEM) Pending Approval
Board of Architects Malaysia (LAM) Pending Approvals
Construction Industry Development Board (CIDB) Pending Approval
Land Surveyor Board Pending Approval
Board of Valuers, Appraisers & Estate Agent Malaysia (IPPEH) Pending Approval
Board of Quantity Surveyor Malaysia (BQSM) Pending Approval
For registration, please complete the registration form (download) and send it by 5 OCTOBER 2014 via
Fax 03 21424513
Email events@klrca.org
Courier
Attention to Mr Yip Xiao Heng,
Kuala Lumpur Regional Centre for Arbitration
Bangunan Sulaiman, Jalan Sultan Hishamuddin 50000 Kuala Lumpur Malaysia
Please note that the Registration Fees is RINGGIT MALAYSIA 1,100.00 Only.
(Ringgit Malaysia One Thousand One Hundred Only)
For further information, please contact
Mr Yip Xiao Heng , Assistant Manager Business Development Unit
03 21420103