Location :Intellioffices, 146 Robinson Road,  Singapore 018989

Date: Tuesday 12 July 2016

Time: 05:00pm - 07:30pm

About the Seminar

This talk will consider the recent English Supreme Court judgment of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis and its implications for this area of law across common law jurisdictions.

It is a fact of life that construction projects over-run intended completion dates (and, as applicable, fail to meet guaranteed performance levels). A number of key issues arise when this happens. The speakers will discuss these key issues in light of the recent decision and by reference to the following questions:

1. are there any minimum requirements for an effective liquidated damages provision?
2. if I have a liquidated damages provision is that the maximum amount payable for any delay (or underperformance)?
3. how do I work out what to include in my liquidated damages provision?
4. when can liquidated damages be deducted?
5. if a project is obviously going to be late (or underperform) are there any practical steps to take?
6. is there a better way to deal with delayed projects (or underperformance)?

Seminar Programme:

About the Speakers:

Ms. Bree Miechel – Of Counsel, Simmons & Simmons
Bree Miechel is a senior infrastructure counsel for Simmons & Simmons and has worked in Asia for 10 years. She advises on the development of power (conventional and renewable), oil & gas, water and waste, transport and social infrastructure projects across the region and globally. Bree has particular expertise in project delivery method selection and risk allocation, drafting, reviewing and negotiating procurement arrangements (including EPC contracts) and interim dispute resolution as well as advising on the full suite of project documentation.

Ms. Amanda Lees – Of Counsel, Simmons & Simmons
Amanda Lees specialises in cross border dispute resolution through international arbitration and complex multi-forum litigation. She has extensive experience acting in international arbitrations in Asia and Australia and related stay, anti-suit and anti-arbitration applications with a particular focus on energy, mining and infrastructure disputes. Amanda regularly sits as an arbitrator. Amanda is listed in Best Lawyers International for international arbitration, is a Director of the Singapore branch of the Chartered Institute of Arbitrators, Fellow and faculty member of the Chartered Institute of Arbitrators and Fellow of the Singapore Institute of Arbitrators. Recently Amanda appeared as counsel in one of the first proceedings to consider the English Supreme Court judgment of
Cavendish Square Holding BV v Talal El Makdessi.

About the Chairperson:

Mr. Rob Palmer – Council Member, Society of Construction Law (Singapore)

Rob Palmer is a Partner in the dispute resolution team in Ashurst’s Singapore office. Based in Southeast Asia since 2003 (Singapore, Jakarta and Bangkok), he is listed in legal directories as one of Singapore’s leading construction lawyers. Rob has a particular focus on dispute resolution in international energy, construction and infrastructure projects, and has conducted arbitrations under the rules of all the major arbitral institutions. He has also drafted and negotiated construction contracts for major projects in the transport, utilities, power and oil & gas sectors. Rob is qualified in New Zealand, New South Wales and England, and is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators and the Australian Centre for International Commercial Arbitration. He also sits as arbitrator and is a member of the panel of arbitrators of the ACICA, the KLRCA, the TAC, and BANI.

For more details, click HERE.