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ArbDB News


ArbDB Chambers Members, Peter McQueen and Michael Cover, are participating in the International Congress of Maritime Arbitrators XX in Copenhagen http://icma2017copenhagen.org/

 

Peter McQueen is the Chair of the Topics and Agenda Committee, which has put together a great programme over the five days of the Congress. ICMA XX is being held in conjunction with The Danish Institute of Arbitration and the Programme, which contains a mixture of plenary and breakout session, covers a wide range of hot topics in international maritime law and arbitration.

 

Michael is speaking at one of the breakout sessions on Monday afternoon, entitled ‘Dispute Resolution Clauses’, which is to be moderated by Datuk Professor Sundra Rajoo, the Director of the Kuala Lumpur Regional Centre for Arbitration. Michael will be addressing the topic ‘Combined Dispute Resolution Processes- Trends and Challenges- Heresy or what the Market Might Want?’

ArbDB Chambers Member, Wolf von Kumberg, teamed up with former Commercial Director of the Ministry of Defence, Les Mosco, to deliver a lively session on ‘The Use of Dispute Boards in Aerospace and Defence Contracts’ at the Bird & Bird First for Aviation and Defence Disputes Conference on Wednesday 12 July 2017 at Bird & Bird’s offices in New Fetter Lane in the City of London.


Earlier on the same day, ArbDB Chambers Member, Michael Cover, had delivered a session on Dispute and Conflict Avoidance Boards to a meeting of the Mediators’ New Breakfast Club in Fleet Street, London.

Both events were designed to raise awareness of the effectiveness of standing Dispute and Conflict Avoidance Boards on reducing conflict and cost in complex major projects, relating both to infrastructure and IT and defence procurement.

The “Delay in Disruption in Construction Contracts” series was first published in 1997 and since then Keith Pickavance, a name closely associated with all things delay in the construction world, has guided the publication through another four editions. In the process, the publication has earned its reputation as the most comprehensive English work dedicated to delay, disruption and related issues and remains for many the leader in its field. Many English decisions on delay will be followed elsewhere in the common law world, leading this established title to have more than mere local relevance.

The fifth edition sees Pickavance assuming a contributor’s role, while the editorial chair has been filled by the previous assistant editor, Andrew Burr. Burr has drawn on the experience and expertise of a formidable editorial team including Francis Barber, Steve Briggs, Wolfgang Breyer, Joe Castellano, David-John Gibbs, Wendy McLaughlin, Chris Miers and Rob Palles-Clark.

For those unfamiliar with the contents of the book and indeed the subject of delay and disruption in construction and related issues, it is worthwhile to summarise the structure of the book. The first four chapters offer an introduction to the subject and the parties involved in the construction process, the risks inherent in construction, how projects are procured and how standard forms of contract deal with time and costs.

The authors tease out with impressive clarity a number of important distinctions on the characteristics of some standard forms of contract and the application of such by reference to the decisions of the courts and in particular the City Inn v Shepherd Construction case1.
The sections dealing with recovery of loss and expense under numerous standard forms of contract provide essential reading on a subject which is often misinterpreted in the industry. A new section on “Cost and time management in the JCT Major Projects Contract and the CIOB Complex Projects Contract – a comparative analysis” is a worthy addition to the previous editions.

Chapters 5 and 6 introduce the reader to contractual notices, early warnings and conditions precedent, the subject of extensions of time and the concept of time at large. The impressive range of standard forms of contract considered in these chapters provides a useful point of reference for professionals administrating such contracts in the working environment. Chapters 7—10 deal with the mechanics of the Planning and Programming of construction projects including the presentation and approval of programmes, revising, updating, monitoring, and reporting of programmes, and project control. A number of these sections draw rather heavily on the CIOB “Guide to Good practice in the Management of Time in Complex Projects”.

Issues such as contractors producing attractive yet entirely meaningless programmes, difficulties arising from the inability of sub-contractors’ and contractors’ programmes to co-exist, and deficiencies in the drafting of time

Book details; Delay and Disruption in Construction Contracts 5th edition, Andrew Burr (Didcot: Routledge, 2016), 1152pp, hardback, £375, ISBN: 978-1-13894-066-6

You can buy it here: http://bookshop.blackwell.co.uk/bookshop/product/9781138940666?gclid=Cj0KEQjwv_fKBRCG8a3ao-OQuZ8BEiQAvpHp6NO0nhFE-9wsxV30tPO0IxVJa_rcvcnx5s-XK2giuT0aAt8a8P8HAQ 

ArbDB Chambers Member, Paul Rose, spoke at the CIArb London Branch conference on ‘Arbitration and ADR in the Middle East’ on Tuesday 20 June 2017 at the CIArb headquarters in Bloomsbury Square, London. Paul addressed ‘Mediation Initiatives in the Middle East, with special emphasis on the UAE and Dubai’. He traced the background and history of conciliation in the region and brought the audience right up to date with reference to the formation of the Dubai Mediation Centre, on whose Advisory Board Paul sits.

The Chair of the Conference was Irvinder Bakshi, the Chair of the CIArb London Branch, and the other speakers were Professor Dr Nayla Comair-Obeid, the President of the CIArb, and Kim Franklin QC.

ArbDB Members, John Wright and Michael Cover, also attended this well-attended and informative conference

ArbDB Chambers Member, Wolf von Kumberg, will be speaking at the Bird & Bird “First for Aviation and Defence Disputes Afternoon Conference” on 12 July 2017.

With Les Mosco, Wolf will be running an interactive session on “The use of Dispute Boards in Aerospace and Defence Contracts”.

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