Not such a risky business

Article Abstract:

Hong Kong Dispute Resolution Advisor (DRA) Colin Wall starts his work before a contract is agreed. He meets all the interested parties for talks and tries to establish areas where differences are likely to occur. He also assesses which parties can bear risk. A DRA may be accepted in the UK as the construction industry more readily accepts disputes are likely to happen. Those involved in a Hong Kong construction project try to work with the DRA to avoid disputes. Disputes are more likely to happen if there is poor communication, misconceptions and differences in expectations.

Practice, Hong Kong, Dispute resolution (Law), Wall, Colin

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When skills are paper thin

Article Abstract:

A course devised to formally train adjudicators for the construction industry may result in some adjudicators not having achieved sufficiently high standards to decide disputes, within the industry. An adjudicator needs an intensive knowledge of contract law and procedures and not only expertise in construction work. Some industry organisations will only use adjudicators who have shown special understanding in the field of contracts. The Academy of Construction Adjudicator's course lasts for two days and is completed by a two hour examination.

Standards, Interpretation and construction, Contracts, Arbitrators

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Cutting the interest from arbitration

Article Abstract:

Pres of the Royal Institution of Chartered Surveyors Christopher Jonas aims to reform the rules on conflict of interest. He believes that if a member of a quantity surveying firm is appointed as arbitrator than the rest of the firm should not act for other parties of the dispute. This threatens workloads. A more efficient approach would be to set up an insurance litigation scheme to cover quantity surveyors involved in conflict of interest in arbitration proceedings.

Negotiation, mediation and arbitration, Conflict of interests (Agency), Conflicts of interest

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