Leading International Conference on Construction Law & Dispute Resolution

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KAILASH DABEESINGH KAILASH DABEESINGH ARBITRATION

DOAINE LES PAILLES, PAILLES, PORT LOUIS,AURITIUS

ArbitrationPractitioners Architects Consultants

1 Leading International Conference on Construction Law & Dispute Resolution DATE ARBITRATION CHABERS KAILASH DABEESINGH KAILASH DABEESINGH ARBITRATION CHABERS NOVEBER 2009 VENUE LA CANELLE, DOAINE LES PAILLES, PAILLES, PORT LOUIS,AURITIUS Who should attend? ArbitrationPractitioners Architects Consultants Engineers Lawyers Other professionals who deal with dispute resolution and contarctual issues.

2 ARBITRATION CHABERS KAILASH DABEESINGH ORGANISER : KAILASH DABEESINGH ARBITRATION CHABERS Leading International Conference on Construction Law & Dispute Resolution About the Conference Now in its seventh consecutive year, the 2-day International Conference on Construction Law & Dispute Resolution continues to grow, attracting prominent speakers from around the world and delegates from across the industry. Purpose of the Conference The International Conference on Construction Law and Dispute Resolution has been designed to promote auritius as a popular and leading venue for the settlement of international commercial disputes by arbitration. This event promises to provide participants with informative, practical and relevant advice on how to use arbitration to maximum effect. It will provide an invaluable opportunity for participants to discuss issues involving arbitration with particular emphasis on conflict avoidance and dispute resolution Developing auritius as a Regional Centre for International Arbitration Government of auritius has declared an objective of developing and promoting auritius as a leading venue for the settlement of international commercial disputes by arbitration. It has reformed its law on arbitration by introducing a new statutory framework for arbitration International Arbitration Act 2008 The new International Arbitration Act which came into force on 1 January 2009 embraces the UNCITRAL odel Law which takes the central stage and creates an entirely new landscape of arbitration practice. ore than this, the International Arbitration Act brings about a conceptual revolution through a fundamental relationship between the arbitral process and the State. The new International Arbitration Act is confined to international arbitrations. The government by adopting the International Arbitration Act has harmonised its arbitration laws with those of some 63 other countries in the world which had already adopted the odel Law. There is no doubt that one of the motives in the adoption of the International Arbitration Act is to provide a more coherent code for the governance of the arbitral process in international commercial arbitration proceedings. This can only stimulate foreign direct investment since a familiar dispute resolution mechanism will encourage confidence in our arbitral institutions. DAY 1 WEDNESDAY 25 th NOVEBER Registration of Delegates Welcome Address Official Opening of Conference and Keynote Address by Guest of Honour orning Coffee Session 1 Arbitration The New International Arbitration Act 2008 Developing auritius into a Regional Centre for International Arbitration Speaker: r Kailash Dabeesingh Session 2 - Role of Arbitration in the Resolution of Transnational Disputes Speaker: r John Campbell QC Session 3 - International Arbitration Promise and Pratice Speaker: r Peter Caldwell Session 4 - Costs in International Arbitration - Institutional Fees - Tribunal Fees - Expenses and Cost Speaker: Dr ichael O'Reilly LUNCH BREAK Session 5 - Awards : Recognition, Enforcement and Challenges Speaker: r Hwang Session 6 - Powers, Duties and Jurisdiction of an Arbitral Tribunal Speaker: Dr C Ong Afternoon Coffee Session 7 - Institutional and Adhoc Arbitrations: Advantages & Disadvantages Speaker: r Sundra Rajoo Session 8 - Factual Evidence in Dispute Resolution: Documents and Witnesses Speaker: s Nerys Jefford, QC Close for Day 1

SOCIETY OF CONSTRUCTION LAW AURITIUS A Permanent Court of Arbitration in auritius The auritius Host Country Agreement adopts a pioneering step by providing that there shall be a permanent branch of

Why auritius? The geographical, cultural, economic and political proximity of auritius with the Eastern and Southern African countries constitute a major advantage.

professionals, who are bilingual in both English and French. This language proficiency gives an added advantage in dealing with clients in the region.

3 SOCIETY OF CONSTRUCTION LAW AURITIUS A Permanent Court of Arbitration in auritius The auritius Host Country Agreement adopts a pioneering step by providing that there shall be a permanent branch of the Permanent Court of Arbitration (PCA) to discharge the duties under the New International Arbitration Act This will no doubt encourage growth of international arbitration in auritius. Why auritius? The geographical, cultural, economic and political proximity of auritius with the Eastern and Southern African countries constitute a major advantage. Above all auritius enjoys a stable democracy, separation of powers (the judiciary, executive and legislature), perceived neutrality in the region and the high standards of language skills of its professionals, who are bilingual in both English and French. This language proficiency gives an added advantage in dealing with clients in the region. auritius is signatory of four regional groupings namely the Common arket for Eastern and Southern Africa (COESA); the Southern African Development Community (SADC); Indian Ocean Commission (IOC); and the Indian Ocean Rim Association for Regional Cooperation (IOR-ARC). The main objective of engaging in these groups is to enhance cooperation among member states on the economic front and to strengthen trade relationships and the promotion of auritius as a regional centre for arbitration is consistent with this. International arbitration in auritius is likely to flourish for numerous other reasons. auritius has an extensive network of double taxation agreements with a large number of investor countries which makes the country a good location for international investments and a place for resolution of investment disputes. Countries like India and China will no doubt seize the opportunity. DAY 2 WEDNESDAY 26 th NOVEBER Session 9 - ADR: ysteries of odern ediation Speaker: r Anthony Speaight QC Session 10 - Dispute Review Boards: Practice and Procedure Speaker: r Peter Collie orning Coffee Session 11 - Controlling Costs in Arbitration Some Practical Suggestions from a Past Participant Practical hints and suggestions for those professionals who may become involved in arbitration for the first time. Speaker: r Brian askery Session 12 - Loss & Expense Claim: Essential Features of a Claim Preparation & Defence Speaker: Dr ichael O'Reilly Session 13 - Role of Experts in International Arbitration Practical advice for those professionals who may be called upon act as an Expert Witness for the first time. Speaker: r Brian askery LUNCH BREAK Session 14 - Extension of Time & Liquidated Damages Speaker: r artin Green Afternoon Coffee Session 15 - ediation & Arbitration An opportunity for attendees to witness live ediation and Arbitration Plenary Session Closing Speech CONFERENCE DINNER & RECEPTION The new International Arbitration Act provides an excellent regime for the practice of arbitration in auritius.

Speakers We are delighted that we have exceptionally distinguished speakers to lead discussions and speak on a range of current topics on international arbitration.

His practice is mainly in property and land law, agriculture and energy work, and he specialises in town and country planning.

r Anthony Speaight, QC, Barrister, Bencher of Inn of Court, The iddle Temple r A Speaight has been in private practice at the English Bar for over 30 years.

r C Ong (Chartered Arbitrator, Barrister, Essex Court Chambers and of 3 Verulam Buildings); Dr Ong is a practicing barrister at the English Bar; advocate of the Brunei Bar and registered foreign

He is a Chartered Arbitrator and is a Visiting Professor of Law at various universities including the University of a l a y a ; The National University of alaysia (UK); Kings College (University

r ichael O Reilly, BEng, LLB, PhD, CEng, FICE FCIArb, Chartered Arbitrator; Dr O Reilly has been extensively involved in arbitration for 20 years.

His book Costs in Arbitration Proceedings is the leading text in the field and the third edition is due to be published in late 2009.

s Nerys Jefford, QC (Practising Barrister in Keating Chambers) Nerys Jefford QC was called to the Bar in 1986 and has been a practising barrister in Keating Chambers since 1988, taking silk in

Nerys has been involved in a number of major international arbitrations arising out of relating to commercial, infrastructure and energy projects in Hong Kong, Singapore, Saudi Arabia and Kuwait.

He was appointed as the Deputy Chief Justice of the Dubai International Financial Centre in 2005.

He was formerly a United Nations Compensation Commissioner and a Vice Chair of the IBA s Arbitration Committee. He also serves as Singapore s Non-Resident Ambassador to Switzerland.

4 Speakers We are delighted that we have exceptionally distinguished speakers to lead discussions and speak on a range of current topics on international arbitration. Confirmed speakers are : r John Campbell, QC (President of the Chartered Institute of Arbitrators); Scottish Queen s Counsel (since 1998), r J Campbell qualified to practice throughout the UK. His practice is mainly in property and land law, agriculture and energy work, and he specialises in town and country planning. He is active in promoting arbitration and ADR, and has conducted more than 200 public inquiries. r Anthony Speaight, QC, Barrister, Bencher of Inn of Court, The iddle Temple r A Speaight has been in private practice at the English Bar for over 30 years. He has wide experience in construction and IT litigation, having appeared in important building and engineering cases in the Technology & Construction Court, Court of Appeal and House of Lords. r C Ong (Chartered Arbitrator, Barrister, Essex Court Chambers and of 3 Verulam Buildings); Dr Ong is a practicing barrister at the English Bar; advocate of the Brunei Bar and registered foreign lawyer in Singapore. He is a Chartered Arbitrator and is a Visiting Professor of Law at various universities including the University of a l a y a ; The National University of alaysia (UK); Kings College (University of London); National University of Singapore and Visiting Fellow at Queen ary College (London). r ichael O Reilly, BEng, LLB, PhD, CEng, FICE FCIArb, Chartered Arbitrator; Dr O Reilly has been extensively involved in arbitration for 20 years. He has held the post of Legal Counsel to the Chartered Institute of Arbitrators and has been Editor of the Chartered Institute s journal; he remains on the editorial board. His book Costs in Arbitration Proceedings is the leading text in the field and the third edition is due to be published in late He has acted as arbitrator in many disputes, especially in construction related matters. s Nerys Jefford, QC (Practising Barrister in Keating Chambers) Nerys Jefford QC was called to the Bar in 1986 and has been a practising barrister in Keating Chambers since 1988, taking silk in Nerys specialises in construction and engineering disputes, and domestic and international arbitration. Her practice covers a wide spectrum of advisory work, drafting and advocacy. Nerys has been involved in a number of major international arbitrations arising out of relating to commercial, infrastructure and energy projects in Hong Kong, Singapore, Saudi Arabia and Kuwait. r ichael Hwang SC r Hwang practices as a Barrister, primarily servicing lawyers as Independent Counsel and Arbitrator. He was appointed as the Deputy Chief Justice of the Dubai International Financial Centre in He is a member of the International Court of Arbitration of the International Chamber of Commerce and a VicePresident of the International Council for Commercial Arbitration. He was formerly a United Nations Compensation Commissioner and a Vice Chair of the IBA s Arbitration Committee. He also serves as Singapore s Non-Resident Ambassador to Switzerland. r Sundra Rajoo (Sc, Chartered Arbitrator, alaysia); r Sundra Rajoo is a Chartered Arbitrator, Advocate and Solicitor. He holds B. Sc(HBP) Hons (US), LLB Hons (London), Certificate in Legal Practice, Grad Dip in Architecture (TCAE), Grad Dip in Urban and Regional Planning (TSIT),. Sc. in Construction Law and Arbitration (With erit) (LU), Phil in Law (anchester), Diploma in International Commercial Arbitration (London, CIArb) APA, APP, FCIArb, FIArb, FSIArb, FICA, AE, ARAIA. Earlier, he had practised as an Architect and Town Planner. r Kailash Dabeesingh, CEng, Sc Arch., FRICS, FCIArb, (Chartered Arbitrator, auritius); r K Dabeesingh graduated with a civil engineering degree and proceeded to gain an Sc degree in Architecture from UCL, University of London. r Dabeesingh is also a Chartered Quantity Surveyor from RICS, UK. He obtained an Sc degree in Construction Law and Arbitration and worked in the UK for a few years. r Dabeesingh is actively involved in dispute resolution and been elevated to the rank of Chartered Arbitrator. He is currently an arbitrator on the CIArb Panel UK and is also the current President of the Society of Construction Law auritius.

r Brian askery, Sc. RICS, CIArb (Construction Consultant, UK); r B askery began his career working in professional quantity surveying offices in the UK.

organisations. In 2000 he became a director of Alan Auld Associates Ltd, a multi-disciplinary firm of construction consultants, where he heads up the commercial and dispute resolution division.

large contractor in the UK. He operated his own consultancy for a period of 15 years gaining experience in both design and contract administration.

He is actively involved in the assessment of Adjudicators and the organisation of CPD for both the CIArb and the SCL. He is member of the CIOB s contracts and procurement committee.

Peter Collie, LLB (Hons), FCI Arb, FCIOB, FIOC, RICS, LCGI Barrister and Chartered Arbitrator.

He left School at 16 and served an apprenticeship as a Bench Joiner.

He read law part time at the Nottingham Law School and was called to the Bar in 1994. After a period as in house counsel he joined No 5 Chambers in 2000.

r Peter Scott Caldwell, Chartered Arbitrator, Hong Kong Peter Scott Caldwell is a full-time arbitrator, adjudicator, mediator and dispute board member.

5 r Brian askery, Sc. RICS, CIArb (Construction Consultant, UK); r B askery began his career working in professional quantity surveying offices in the UK. He became a Chartered Quantity Surveyor in 1974 and has gained wide-ranging experience of construction working for more than 20 years at director level in several civil engineering contractor organisations. In 2000 he became a director of Alan Auld Associates Ltd, a multi-disciplinary firm of construction consultants, where he heads up the commercial and dispute resolution division. He holds a masters degree in Construction Law and Arbitration and is constantly involved in arbitrations, adjudications and litigations in the UK acting either as a party representative or as an expert witness. r artin Green, BSc, BTech, LL, CIArb, CIOB, IFireE, FHEA (Course Leader Sc Construction Law, Leeds etropolitan University, UK) artin started his professional career as a Civil Engineer working for a large contractor in the UK. He operated his own consultancy for a period of 15 years gaining experience in both design and contract administration. Since 1994 he has been a full-time academic working in the area of construction law, contract law and dispute resolution. He is actively involved in the assessment of Adjudicators and the organisation of CPD for both the CIArb and the SCL. He is member of the CIOB s contracts and procurement committee. He is the Course Leader for the Sc in Construction Law and Dispute Resolution at Leeds etropolitan University. Peter Collie, LLB (Hons), FCI Arb, FCIOB, FIOC, RICS, LCGI Barrister and Chartered Arbitrator. Peter is a Barrister practicing Construction Law at No 5 Chambers in the UK with over 30 years experience in the construction industry. He left School at 16 and served an apprenticeship as a Bench Joiner. He then studied to become a Quantity Surveyor and sat the Chartered Institute of Building ember Exams for which he was awarded their highest award, the Silver medal. He read law part time at the Nottingham Law School and was called to the Bar in After a period as in house counsel he joined No 5 Chambers in His practice includes sitting as Arbitrator, Adjudicator and ediator. r Peter Scott Caldwell, Chartered Arbitrator, Hong Kong Peter Scott Caldwell is a full-time arbitrator, adjudicator, mediator and dispute board member. He has acted as a neutral in many disputes involving parties from around the world. He is the Immediate Past Chairman of the Society of Construction Law Hong Kong, a past chairman of the Hong Kong Branch of the Chartered Institute of Arbitrators, a Chartered Arbitrator and an accredited general mediator. From 1990 to 1998 he was Secretary-General of Hong Kong International Arbitration Centre (HKIAC). He has continued his involvement with HKIAC as a member of its Council. Topics The Conference Organising Committee has put together an exciting and wide-ranging discussion on various highly topical and emerging issues in arbitration. Topics include: Aspects of The New International Arbitration Act-2008 and Developing auritius into a leading venue for the settlement of international commercial disputes. Role of arbitration in the resolution of transnational disputes International Arbitration- Promise and Practice The role of Arbitration Institutions Costs in International Arbitration. Role of Experts in International Arbitration. Powers, Duties and Jurisdiction of an Arbitral Tribunal. Arbitration Awards : Recognition, Enforcement and Challenge Claims and Dispute Resolution Dispute Review Boards: Practice and Procedure Loss and Expense Claims : Essential Features of a Claim Preparation and Defence Extension of Time and Liquidated Damages

6 REGISTRATION FOR - Leading International Conference - QA APPROVED Please complete the registration form and return it with your payment or credit/debit card details to the conference secretariat, KDS Consulting, 8 Bally Court, Temple Park Garden, Labourdonnais Street, Port Louis, auritius. For further information please contact Rajini on Tel: , Fax: info@kdschambers.com - website: Fees US $ 650 / UR Please note that this is a non-residential course, the fee includes lunch, refreshments and course materials for the two days. Delegate information First Name: Job Title: Company Name (If any): Type of Business: Address: Surname: Tel No: Signature: Fax No: Post Code: Date: ethod of Payment Please tick appropriate box Cheque cheques should be crossed and made payable to KDS Consulting Credit/debit card astercard, VISA, aestro, Delta Card No. Valid From Issue No. (aestro) Expiry date Cardholders Signature CANCELLATION NOTICE TERS & CONDITIONS Please be informed that any cancellation received in writing within 10 days prior to the Conference Date will be subject to 20% cancellation charge. Kindly let us have your substitute delegate in writing before the conference date to avoid incurring the cancellation charge. Any no-show by registered delegate will be liable for full payment of the conference fees. DISCLAER The Conference Organiser reserves the right to change the speakers, date and to cancel the programme or part of it should circumstances arise beyond its control. The Conference Organiser also reserves the right to make alternative arrangements without prior notice should it be necessary to do so. Upon registration, you are deemed to have understood and agreed to the above terns and condition.

VINAYAK P. PRADHAN. : LLB (Hons) Singapore. Appointed Acting Director of AIAC on 21 st November 2018

VINAYAK P. PRADHAN. : LLB (Hons) Singapore. Appointed Acting Director of AIAC on 21 st November 2018 VINAYAK P. PRADHAN Citizenship Education : Malaysian : LLB (Hons) Singapore Appointed Acting Director of AIAC on 21 st November 2018 Professional Qualifications Advocate & Solicitor, West Malaysia (1974)