Atkin International Construction and Arbitration Symposium 201631st Oct 2016
International Construction Arbitration Symposium in Singapore
Atkin Chambers hosted an international construction arbitration symposium in Singapore on 7 November 2016 to mark the publication of the 13th edition of Hudson’s Building and Engineering Contracts.
Speakers and panelists discussed topical issues in the construction and infrastructure sectors, with particular relevance to the Singapore market.
- The retreat from Hoffman – Andrew Goddard QC and David Johnson examined recent cases on commercial obligations from England & Wales and the Commonwealth and considered whether there is an identifiable trend of departing from the ‘agreement-centred’ model of contract law based on the parties’ objectively manifested intentions championed by Lord Hoffman in his years in the House of Lords.
- Resisting Calls on Bonds and Enforcement of Interim Awards – Are the times a changing? – Nicholas Dennys QC examined recent developments in Singapore law and asked whether there is a greater willingness on the part of the Courts to prevent unmeritorious calls on bonds. He also considered recent trends of judicial intervention in the enforcement of interim arbitral awards.
- Panel Discussion – Andrew Goddard QC (Moderator) – The Panel Discussion topic was “Construction Arbitration in Singapore– Never too Late to Change?” and considered the good, the bad and the ugly aspects of Singapore construction arbitration. Areas for discussion included: The tribunal – servant or master; intervention and efficiency; procedural timelines and delay; identifying the issues; the use and purpose of pleadings and memorials; witnesses statements – fact, fiction or plain forgettable; disclosure – proportionality and fairness; experts – is independence a myth; the scope for challenge.
Speakers from Atkin Chambers:
- Nicholas Dennys QC – Speaker and Panel Member
- Andrew Goddard QC – Chair and Moderator
- David Johnson – Speaker
Panel members from the local construction and legal community:
- Ian De Vaz – Panelist – Partner, Wong Partnership
- Paul Sandosham – Panelist – Partner, Clifford Chance
- Soh Lip San – Panelist – Head, Construction and Projects, Rajah & Tann