Events Calendar
About the Webinar:
Conflicts of interest are an important concern for all involved in dispute resolution. The integrity of the process by which disputes are settled is essential as it is not enough for justice to be done. Justice must be seen to be done. The rules and case law are clear on how judges and counsel should decide whether there is a conflict of interest in being involved in a matter. However, there has been little discussion on the topic of expert witnesses who often possess similar characteristics to that of counsel – they provide advice to parties in litigation, they advocate for their clients in legal proceedings through their impartial expert opinions, etc.
This topic is relevant to the construction law industry given that experts are commonly employed to resolve technical issues of contention in the disputes. This webinar will explore the contours of these conflicts and discuss ways of managing them
Webinar participants will be able to watch and listen to (via computer audio, recommended for security reasons, or telephone line) the video presentation and Q&A discussion on their screens, as well as participate in the Q&A discussion by sending in their questions to the moderator via text using the built-in Q&A function.
5.00 - 5.10pm |
Opening Remarks by Chairperson The Honourable Wayne Martin AC QC |
5.10 - 6.10pm |
Experts: Managing Conflicts in Construction Mr. John Battersby - Group Managing Director, BKAsiaPacific Limited |
6.10 - 6.30pm
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Q&A Moderated by Webinar Chair
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About the Speakers:
Mr. John Battersby - Group Managing Director, BKAsiaPacific Limited |
Mr. John Battersby, FCInstCES, FGIS, FASI, FCIOB, FHKICM, MRICS, MHKIS, FCMI, FCIArb, FHKIArb, MAE, RPS(QS) is Group Managing Director of BKAsiaPacific Limited and a Registered Professional Quantity Surveyor (Hong Kong) and Chartered Construction Manager having worked in the construction industry for 54 years, 38 years of which have been spent working on projects in Hong Kong, China and South East Asia. John has acted as an expert witness several times, both in arbitration and litigation, in respect of additional cost/loss and expense/damages claims, measurement issues, adjustment of rates, valuation of variations and causes and effects of delays to construction works. He has acted both as party appointed expert and “single joint expert” (or “tribunal expert”). He is a Practising Member of the Academy of Experts and accredited by the Academy as an Expert. He has also been appointed as Arbitrator, Assessor, Adjudicator, Mediator and Dispute Resolution Advisor several times. From his first hand experience of what can go wrong on various building and civil engineering projects, John understands the importance of dispute avoidance through collaborative/cooperative contracting. He has also worked on target cost contracts utilizing collaborative/cooperative working procedures as well as NEC lump sum and measurement contracts and has conducted numerous seminars and workshops on these subjects. |
Ms. Anneliese Day QC – Silk, Fountain Court Chambers |
Ms. Anneliese is a “leading lawyer of her generation” and a “standout genius” who is frequently instructed in high-value and complex cases both nationally and internationally, and as counsel and arbitrator. She is ranked both as a Leading Silk in six practice areas in the legal directories (commercial litigation, international arbitration, professional negligence, energy, construction and insurance/reinsurance) and as an Arbitrator. In 2020, she won International Arbitration barrister of the year and was shortlisted as ‘Professional Negligence Silk of the Year’; and was previously named ‘Construction and Energy Silk of the Year’ three times, ‘Barrister of the Year’ in 2014 by The Lawyer and one of the 500 most influential people in the UK by Debretts. She is often called upon to assist major corporate clients and high net worth individuals with cases concerning jointventures, private finance initiatives, contract termination, contractual interpretation and other business issues. She occupies an almost unique position of operating at the highest level in both the commercial and construction spheres not only in the UK but also in Asia, the Middle East, the US, Europe and the Caribbean. Described as “an absolute Rockstar at the top of her game”, Anneliese is equally at home in a court or arbitration setting and also regularly appears at appellate level. |
Mr. Amit Garg - Managing Director, Secretariat Consulting Pte Ltd |
Mr. Garg is Managing Director of Secretariat’s Asia-Pacific operations. He specializes in construction disputes and has extensive experience in performing delay analysis, measuring productivity and reviewing project delivery systems. His experience ranges across a wide range of large and complex projects, with a particular focus on oil & gas, energy and transportation projects. As part of these engagements, Mr. Garg has testified on numerous occasions in arbitrations under the rules of ICC, ICSID, AAA, DIAC, DIFC, HKIAC, SIAC, ADCCAC, AIAC, PAM, and ad hoc arbitrations, in various jurisdictions across the world. He has been consistently named as “Global Elite Thought Leader” by Who’s Who Legal (WWL). |
The Honourable Wayne Martin AC QC
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The Honourable Wayne Martin AC QC was Chief Justice of Western Australia between 2006 and his retirement from the bench in July 2018. Prior to his appointment he practised at the Western Australian Bar in the field of commercial litigation, mainly involving disputes in the mining, energy, resources, construction and financial sectors. His practice included international and domestic arbitration. As Chief Justice he created and managed the Arbitration List of the Supreme Court of Western Australia and he has published many decisions in that field (and others). Since leaving the Bench he is taking appointments as a mediator and arbitrator, and has taken chambers at Francis Burt Chambers, Perth, and at 39 Essex Chambers, with chambers in London, Singapore and Kuala Lumpur. |
REGISTRATION CLOSING DATE: 11 October 2021 |
FEES (includes materials, if any) |
SCL (Singapore) Members |
S$35.00 |
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S$60.00 |
Others |
S$90.00 |
Continuing Professional Development
Practice Area: Building & Construction |