The inaugural SCL “Focus on Asia” Construction Law Conference was held in Singapore on 1st & 2nd September 2015.

Building on the strength of the community of Societies of Construction Law, this “Focus on Asia” Conference sought to bring together thought leaders from across the region to address how the growth of the regional construction industry has impacted on corresponding legal developments, regulation and policy.

SCL (Singapore) was immensely pleased to have Sir Vivian Ramsey grace the occasion as our Keynote Speaker.

Throughout the conference, participants explored current trends, latest developments and the future direction of construction industry regulation across the region. Panel topics included key recent developments in construction law and regulation as well as new options and avenues for the avoidance and resolution of disputes.

The Conference succeded in its aim to bring together senior legal practitioners, inhouse counsel and construction industry stalwarts from around Asia to discuss the future of our industry.

Of course, the success of any good conference hinges on the sponsors. SCL(S) was well pleased to have support from 1. Exclusive Conference Lanyard Sponsor: Navigant; 2. Gold Sponsor: Pinsent Masons; and 3. Silver Sponsors: Changaroth Chambers and Driver Trett .

In his welcoming address, SCL(S) Chairperson, Darren Benger, also recognised and thanked Alex Wong and the conference organising team, and Intellitrain (the conference organiser).

Acknowledgement and appreciation was also expressed towards the Speakers and Moderators, who came from all over Asia. SCL(S) certainly greatly appreciated the time and effort they had given towards this event.

The origins of this conference, and the idea for a "Focus on Asia" conference emerged following 2014’s international conference in Kuala Lumpur. More precisely, it originated from SCL(S)' failed pitch for the SCL International Construction Law Conference 2016 (which would have been apt in SG50, and in the 10th Anniversary of the international conference). Although there was a degree of disappointment in not being awarded the international conference, SCL(S) are very supportive of the collective agreement for Brazil to host the 2016 conference.

This considers a "big picture" of promoting SCL and construction law in South America, and the greater American time zone. The underlying object is for the GROWTH OF THE SCL COMMUNITY, AND THE PROMOTION OF CONSTRUCTION LAW, GLOBALLY. And in this regard, the meeting of SCLs in KL bore other FRUITS:

(1) Firstly; the development of "SCL-International Committee" and the "SCL International Liaisons Sub-committee"

(2) Secondly; other initiatives for the 'establishment of new SCLs' throughout the world such as aid in setting up websites.

And albeit more indirectly ...

(3) THIS, the inaugural construction law conference with a dedicated "focus" on Asia:

It is ...

... a "push" --- to promote the growth of the SCL Community in Asia,

... an endeavour --- to promote construction law in Asia,

... a hope --- to strengthen ties both within and to outside of Asia.

... all in recognising the inter-Asia diversities;

of laws;

- of cultural norms and expectations;

- in construction practices;

... and the compressive bonds and stressful tensions between Asia and the rest of the world.

This was borne out by the diversity of participants that Singapore welcomed: those from the Philippines, Hong Kong, Indonesia, Viet Nam, Korea, Japan, China, India, Malaysia and Singapore itself. Also, SCL(S) welcomed those from outside of Asia, including several from Australia.

This sentiment was echoed by the enlightning key-note speech by Sir Vivian Ramsey, titled "Construction Dispute Resolution in Asia--the Singapore International Commercial Court and other Expanding Choices". Sir Vivian’s insights as an International Judge in the new Singapore International Commercial Court certainly engrossed the audience, and provided a fitting perspective to intra-Asia dynamics.

And in the spirit for which the conference was intended, we are delighted to receive a write-up from India’s Rajiv Shanker Dwivedi :

Focus on Asia Conference (18 & 19 September 2015)

“Focus on Asia” as the heading aptly suggested, was the first impression I got when I reached Hotel Fort Canning on the evening of 01 September 2015. The delegates came from countries ranging from Australia to USA, South Korea to United Kingdom. From a Vietnamese working in Australia to a Malayali working in Singapore, the venue had it all. The focus indeed was on Asia.

Set in a picturesque background, the Hotel Fort Canning which is a marvelous piece of architecture, provided an ideal setting for the conference on construction law. On a slightly warm evening, where the breeze felt cool, the event kicked off on time.

The SCL Chairman Darren Benger and Treasurer Karen Fletcher were present to welcome the delegates who were provided with their name cards.

The warmth and genuinely pleasant personality of the SCL Council members helped instantly in establishing a bond, which would transcend professional civility to friendship.

The evening started with the welcome remarks by Mr Darren Benger, Chairman SCL, Singapore and a documentary film.

The dinner was an elaborate spread of ethnic and delicious food which was appreciated by the guests amidst mingling of delegates and exchanging of ideas.

It was noteworthy how the key persons of the organising committee made sure that nobody is unattended or feeling out of place. It was a perfect occasion to lay the foundation of inter-cultural networking and to cultivate professional contacts. A variety of occupational streams intermingled leading to mutually beneficial professional and academically enriching prospects.

The next day began with a warm cup of tea and an eager set of delegates. Darren once again was present to welcome each and every delegate. Every delegate was provided with a beautifully crafted bag with material on the conference and last but not the least, a power bank, which proved to be most important thing by the end of the evening.

The bag contained the list of all the delegates. It would have been ideal if a small ticket size photograph, the telephone number and email ID of the delegates would also have been inserted in the list.

The detailed material provided was very helpful not only for the delegates but also for the speakers, who took the liberty to delve deep in the subject instead of mechanically following the respective Powerpoint presentation slides. This resulted in optimum utilisation of the time, enhanced value of speech and real-time exchange of experience, ideas and challenges.

The day started with the keynote address of Sir Vivian Ramsey, who proved true to the stature of the grand doyen of construction law. He gave a brief overview of the conference and set the tone for the speeches and deliberations that followed in the day. He spoke about combination of court with early resolutions, dispute avoiding mechanism, negotiations, ADR, dispute board, a three headed panel etc. He also elaborated and shared his experience about cross-border disputes, offshore lawyers, enforceability and its challenges.

The First session was presided Anil Changaroth, whose rock star qualities were revealed later in the day.

Chan Leng Sun, gave the exhaustive idea about SICC. He kept the audience in splits by his wit and engrossed by his wisdom.

George Lim shared his rich experience and canvassed the affordability of Singapore International Mediation Centre while posing a caveat about confidentiality.

Debby Suleiman spoke about the experience at Indonesian courts which are plagued by inordinate delay of eight years in the original motion and two years in the Appellate side.

Ratan K. Singh spoke about the enforceability of foreign awards in India with specific reference to code of civil procedure and landmark Supreme Court judgements like Bhatia International Etc. The speeches were followed by a spate of questions from the audience. The quality of the questions and answers not only probed but proved the capability of the speakers.

The first session was followed by a tea break which gave an opportunity to interact with fellow delegates and also for taking photographs.

The second session was moderated by Robert Palmer, a leading construction lawyer of Singapore whose rich experience definitely added to the value of the session. He gave a brief introduction of Security of Payment Act.

Mohan Pillay, a well-known legal stalwart in Singapore, gave a background of the SOP Act while elaborating the changes the act has brought into the construction industry. The three pillars of the act mandated its application.

Ivan Y F Loo, a legal personality from Malaysia, spoke about Construction Industry Payment and Adjudication Act 2012, Malaysia. Malaysia is the fifth country to implement such an Act. In his emphatic style, in a very short period he took the delegates to the finer points of the act.

Henry Sherman, an experienced consultant, took the delegates through the current position and prevailing practices of construction law in Hong Kong. He also provided a summary and guidelines of the proposed legislation and consultation document.

Roderick R. C. Salazar III, “Dicky”, gave an overview about legal position at Philippines. The CIAC revised rules of procedure, was detailed to the benefit of the delegates.

This session was followed by sumptuous lunch, which was very delicious which even had many options for vegetarians. As there were two elaborate sessions post lunch, it was not possible to do proper justice with the buffet spread.

The third session was presided by Alex Wong. He made a multi-jurisdictional assessment of approaches and practices in regard to allocation of construction project risks.

Ms Trinh Nguyen shared her experience of challenges and risks involved in the construction projects at Vietnam.

Erin Miller Rankin spoke about use of model and a standard form building contracts achieving the risk allocation objectives.

Zacharey Sharpe, being the senior in-house counsel, gave a different perspective and also enriched the delegates with his vast experience.

Shintaro Uno elaborated the risk allocation mechanism in his exuberant style.

The fourth and the last session was dedicated to latest development in construction law, chaired by Qash Kuddus.

Naresh Mahtani highlighted the latest judgement on performance bonds, fraud and irregularity in architect certificate etc.

James Monteiro provided the updates on construction law in Malaysia. The CIPAA was further elaborated and discussed with specific emphasis on right to slow down and suspend work.

Elvis Zhou gave an insight to the trend to apply case law in legal practice in People’s Republic of China. He further indicated changes in the form of contract used in China.

Ms Sae Yun Kim gave the details about long-term government contracts, the costs involved and the amendment in Construction Industry Framework Act.

Ratan K. Singh, for the second time in the day, spoke about the development of construction law in India. Being the last speakers of a long and arduous day, his presentation was full of witty anecdotes which kept the delegates involved, interested and wanting for more.

A wonderful day of learning, interacting and discussing was followed by “Law Rocks”.

It give the delegates an opportunity to let their hair down, each others in a much informal atmosphere. Held at “Fern & Kiwi”, a high-end classy bar at celebrated Clarke Quay.

It gave us an opportunity not only to witness talented lawyers and law students who can well have sent electing carriers as rock star’s and singers but it also gave the glimpses of a rock star side of Sir Vivian Ramsey.

In the end the winners of Law rocks with announced, which must have been a very difficult task because all the bands and singers with equally good.

Overall it was a great learning experience which enriched the delegates and established a new bond which will have a far-reaching beneficial impact on the concern delegates and consequently on the respective society.

Click HERE to view more photos.

Contributed by:

Rajiv Shanker Dwivedi

Advocate on Record in the Supreme Court of India, Joint Secretary, Society of Construction Law, India

Member of Chartered Institute of Arbitrators (UK)