International Construction Law Conference 2024
Lex Constructionis
Is there a law applicable to construction disputes that transcends the governing law of the contract? Are we moving towards a Lex Mercatoria for international construction projects?
With the widespread use of standard forms of contracts in construction projects, related case law and established principles and guidance notes such as the SCL Delay and Disruption Protocol, are we seeing the advent of a new Lex Constructionis that transcends the governing law of the contract when resolving construction disputes?
International construction contracts, which are often derived from standard forms of contract such as FIDIC, tend to define the parties’ rights and obligations under the contract in some detail as well as the allocation of risks between them. Over the years, we have seen the emergence of a body of case law and legal doctrine based on the interpretation of those standard forms of contract (particularly FIDIC) which has contributed to the emergence of concepts and accepted principles of construction law (e.g critical delays and entitlement to EOT and prolongation costs, concurrency, LDs v. contractual penalty, time bar, acceleration, mitigation, basis of calculation of compensation for prolongation, the role of the Engineer/Contract Administrator when certifying payments under the contract) – outside the strict application of the governing law of the contract – particularly in the context of disputes arising from delay and disruption claims.
Tribunals’ heavy reliance on expert evidence in those construction cases combined with the delay and quantum experts’ reliance on established principles and practices (as set out for example in the SCL Delay and Disruption Protocol) has also contributed to what can be described as a new Lex Constructionis – a subset of Lex Mercatoria –and could give the impression that the governing law of the contract may place a lesser role in the resolution of construction disputes. The conference will explore (1) whether there are indeed universally accepted principles of construction law, constituting a Lex Constructionis, which bring greater uniformity of approach when resolving construction disputes by bridging in particular the gap between common law and civil law (2) the variety of sources of this Lex Constructionis; and (3) whether in practice tribunals are persuaded that this Lex Constructionis should prevail over sometimes unclear provisions of the governing law.
This event is organised in conjunction with the Specialist Accreditation Scheme of the Singapore Academy of Law, and of the LL.M. in International Construction Contracts offered by Paris-Panthéon-Assas University, Singapore campus.
For further information regarding the LL.M. International Construction Contracts: LL.M. International Construction Contracts – Singapore – Paris-Panthéon-Assas University | Assas International (assas-international.com).
Speakers:
Sir Vivian Ramsey KC
International Arbitrator & International Judge of Singapore International Commercial Court
Vivian Ramsey KC acts as an arbitrator, mediator, expert and dispute board member on major construction projects around the world. He is also an International Judge of the Singapore International Commercial Court. He originally qualified and worked as a chartered civil engineer, before qualifying and practicing as a barrister.
He became head of Keating Chambers in London in 1992, was appointed a High Court judge in 2005 and became judge in charge of the Technology and Construction Court in London from 2007 to 2010. He is the co-editor of Keating on Construction Contracts, now in its 10th edition, and a Visiting Professor at the Dickson Poon School of Law at King’s College, London. Sir Vivian is also a lecturer on the LLM course in International Construction Contracts at the Panthéon-Assas University (Singapore Campus).
Frédéric Gillion
Partner, Pinsent Masons MPillay LLP
Frédéric Gillion is a partner within Pinsent Masons’ Construction Advisory & Disputes team. Over his 24-year long career, he has advised on all aspects of construction projects, including in Dispute Board, expertise and arbitration proceedings, and provided legal support on live construction projects in a wide range of construction sectors, including general infrastructure, transport, water and wastewater, and energy.
Frédéric is dually qualified (Solicitor in England and Wales /Avocat Paris Bar), a Certified FIDIC Adjudicator and member of the FIDIC President’s List. and contributes to the International Construction Law Review. Frédéric is the Director of the LLM course in International Construction Contracts (Singapore Campus).
Alastair Henderson
Partner, Herbert Smith Freehills
Alastair Henderson heads Herbert Smith Freehills’ dispute resolution practice in Southeast Asia. He is ranked among the leading arbitration experts in Asia. Alastair handles cases from many sectors and industries including construction, infrastructure, transport and energy projects. His clients include governments, public bodies, international banks, and major regional and multinational companies.
Alastair is also an active arbitrator and has served on tribunals throughout the region as sole arbitrator, co-arbitrator and presiding arbitrator.
Paul Sandosham SAS (BC)
Partner, Clifford Chance
Paul Sandosham, heads Clifford Chance’s Energy, Infrastructure and Resources (Disputes) practice for the region and co-leads the firm’s global contentious construction initiatives. He is admitted to the Singapore Bar and is on the rolls of solicitors of England & Wales. He focuses on dispute resolution (litigation, mediation & international commercial arbitration), acting as counsel for various parties in disputes arising out of complex cross-border investments and projects. He is recognised as a leading international arbitration and construction practitioner in numerous independent legal publications.
Paul is a qualified Chartered Arbitrator and a fellow of the Chartered Institute of Arbitrators and Singapore Institute of Arbitrators. He is on the panel of arbitrators of several arbitral institutions and is regularly appointed to sit as sole arbitrator, co-arbitrator or presiding arbitrator in arbitrations seated across the world. He is the General Editor of the Practical Guide to the SIAC Rules. Paul is a member of the pioneer batch accredited as Senior Accredited Specialists for Building and Construction by the Singapore Academy of Law.
David Bateson
Arbitrator
David Bateson is a leading international arbitrator who has acted in over 150 arbitrations in Asia, Europe, the Middle East and South America. He has acted as chairman, party-appointed arbitrator or sole arbitrator in arbitrations under most institutional rules and in ad hoc arbitrations, as a dispute board member or as a mediator.
He has extensive experience in disputes in a variety of industry sectors, including construction, energy, resources, commodities, insurance, joint ventures, shareholder agreements and shipping. In construction, energy and resources David is involved in many of the largest projects in Asia-Pacific region, and the Middle East, and is a renowned specialist.
Amit Garg
Secretariat, Delay Expert & Managing Director, Asia Pacific
Amit Garg is the managing director of Secretariat’s Asian operations, and for the past decade he has been involved in providing dispute advisory services from Singapore and Hong Kong. He has extensive experience in performing delay analysis on complex international projects across the world and has served as an expert in arbitrations in respect of projects across Asia, Australia and the Middle East.
Prior to working in construction consulting, Amit worked as a designer and construction manager on large commercial projects. He is an acclaimed speaker on construction programming and delay analysis and has been recommended as a leading expert in construction in Who’s Who Legal.
Matthew Secomb
Partner & Head of International Arbitration, Asia Pacific, White & Case
Dr Matthew Secomb is a partner in White & Case’s International Arbitration Group in Singapore. Matthew specializes in international commercial arbitration with a focus on construction and energy-related disputes. Before moving to Singapore in 2015, he was based in White & Case’s Paris office for nearly ten years.
Prior to joining White & Case in 2006, Matthew was counsel to the ICC International Court of Arbitration in Paris. Matthew has a B.Com. and an LL.M. from the University of Melbourne, an LL.B. (hons) from Deakin University, and a Doctorat en droit (summa cum laude) from the Université de Fribourg (Switzerland). He is qualified as an avocat at the Paris bar, a solicitor-advocate in England & Wales, and a barrister and solicitor in Victoria, Australia.
Date:
Thursday 24th October 2024 – 5:30pm to 7pm
Duration:
Total 1.5 hours
Location:
Assas International, INSEAD Asia Campus, 1 Ayer Rajah Ave, Singapore 138676
Online attendance available
Programme Overview
Thursday 24th October 2024
Is there a law applicable to construction disputes that transcends the governing law of the contract? Are we moving towards a Lex Mercatoria for international construction projects?
(0.25 hours)
(1.5 hours)
Fees:
- Free for law students and SAL Accredited Specialists and Senior Accredited Specialists in Building and Construction Law (in-person only)
- SGD 50 for SAL Members (in-person only)
- SGD 90 for non-SAL members (in-person or online), for SAL members (online)
CPD Accreditation:
CPD points: 1.5 Public CPD Points
Practice area: Building & Construction
Training category: General
Participants who wish to obtain CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. For participants attending the face-to-face activity, this includes signing in on arrival and signing out at the conclusion of the activity in the manner required by the organiser, and not being absent from the activity for more than 15 minutes. For those participating via the webinar, this includes logging in at the start of the webinar and logging out at the conclusion of the webinar in the manner required by the organiser, and not being away from the activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to silecpdcentre.sg for more information.
