CIArb’s Policy department was proud to host this online event which took place on 22 September 2021 at 9.30am UK time.
CIArb was pleased to present the third in our series of adjudication webinars, ‘Beyond Construction: can adjudication be used more widely as a mechanism for resolving disputes?’.
The introduction of adjudication in the UK in 1996 as a means of dealing with construction disputes aimed to address specific characteristics of the construction sector – the need to maintain cashflow and resolve disputes quickly. However, these requirements are by no means limited to construction contracts; projects from IT to long-term service contracts often involve the same complexity, uncertainty and tight margins as are found in construction. This has led some to argue that the principles of adjudication could be beneficially applied beyond construction to any sector involving long-term, complex contractual relationships.
In this panel discussion, we heared directly from experts about how adjudication could be used more widely, the challenges that such innovations might face, and which sectors might benefit the most from a fast-track, adjudication-style resolution mechanism.
This event was open to both CIArb members and non-members. Register to attend.
Assistant Director of Policy and External Affairs, CIArb
Lewis joined the Chartered Institute of Arbitrators in 2018. He has responsibility for the Institute’s policy development and influencing strategies across all aspects of Alternative Dispute Resolution (ADR), including international commercial arbitration, civil justice reform, mediation and conflict avoidance. He also oversees the Research team, developing insights and fresh thinking across the discipline and managing the publication of The International Journal of Arbitration, Mediation and Dispute Management.
Before joining CIArb Lewis was Parliamentary Affairs Manager at RICS where he led on standards adoption strategies with Government. He obtained an MSc in International Development and Security from the University of Bristol, and prior to the 2010 General Election worked as Campaign Coordinator for the then Minister for Health Mike O’Brien QC.
Marcus Cato MICE, CEng, FCIArb is Honorary Secretary of the South East Branch, Co-Chair of CIArb Board of Management and Non-Executive Member of the Rwandan Branch Committee. He has over 25 years’ experience in international construction and engineering disputes resolution, practicing certified commercial mediator and qualified arbitrator - operating internationally throughout East Africa, South Africa, and the UK. Marcus has over 20 years’ experience in working as both party representative and managing adjudication disputes for large and small clients in all aspects of construction and process engineering.
An excellent advocate – tenacious and extremely detailed, identifying potential problems and arguments even before they arise” - Legal 500 2019
“She always gets straight to the key legal points. She provides good, clear written advice and is excellent on her feet. She has a well-earned and deserved reputation as a construction specialist.” – Chambers & Partners, 2020
"Siân Mirchandani QC is "a tenacious advocate", and "highly respected" for her impressive handling of professional negligence and disciplinary proceedings." - Who’s Who Legal 2020
Repeatedly recognised as a Leading Junior by the directories, Siân won the Chambers & Partners ‘Professional Negligence Junior of the Year’ in 2015, and then took silk in 2019. Siân has an established and wide-ranging practice in commercial, professional liability claims, construction/engineering, insurance and regulatory.
Siân has wide and considerable experience of professional liability claims, including claims against lawyers (solicitors and barristers), architects, engineers, insurance brokers and agents, surveyors and valuers, accountants, financial services professionals, land management agents, farm management agents, estate agents, clinicians and veterinary surgeons. Siân is a TECBAR accredited adjudicator. Having recently qualified as a Fellow of the CIArb, Siân is now building a practice as an arbitrator.
Siân also has considerable experience of professional disciplinary matters (particularly architects), arbitrations, adjudications and mediations. Having qualified from Cambridge University as a veterinary surgeon in 1992, Siân worked in academic and general practice as a veterinary surgeon before coming to the Bar and joining Chambers in 1998.
Professional Liability: Siân relishes cases which involve scientific aspects or technical issues. Her practical, ‘hands on’ approach has led to instructions from civil engineering and other building contractors and sub-contractors, and this ‘pure construction’ work complements her continuing construction professionals’ practice. Siân has particularly developed a practice involving claims arising from cladding design & installation and design and construction of farm or agricultural buildings, where the combination of her veterinary background and her experience in construction claims as well as professional liability claims has given her clients a considerable advantage.
Construction & Engineering: Siân is a well-established construction & engineering practitioner and is especially recognised for her expertise in disputes involving mechanical, electrical and technical elements. Siân has wide experience of advising and acting for employers, contractors and sub-contractors in disputes brought in the London and regional Technology and Construction Courts, as well as Northern Ireland. Siân is sought after by major contractors facing difficult, complex, multi-party building claims who value her ability to ‘cover all bases’ due to her collateral expertise in insurance, insolvency and contribution claims. Siân was a longstanding committee member of TECBAR, and member of the Society of Construction Lawyers (SCL) where she is regularly called upon to speak at Construction law events.
Disciplinary: Siân has a significant practice in defending professionals before professional disciplinary bodies, including ARB, RIBA, ACCA, ICAEW, RICS. Siân is a former member of the Disciplinary Panel for the Council of the Inns of Court which is concerned with barristers’ conduct and service issues and was also part of a working party advising the RCVS and drafted the RCVS’ current guidance on the roles of expert witnesses. Siân has advised on and appeared many times before ARB panels defending architects against a range of complaints.
Commercial Supply / Property Damage: Siân has considerable experience of commercial claims, particularly feed supply and claims involving fires and destruction of commercial and residential property (and contents). Alongside her insurance and reinsurance practice, Siân is regularly instructed in insurers’ subrogated claims following fires.
Insurance: Siân has wide ranging experience of advising and acting for both insurer and insured on claims & arbitrations concerning policy construction and coverage issues.