As the famous song asks "Should I stay or should I go now", it's often up to the adjudicator to decide either to carry on and act (stay) or to resign immediately (go now).
The adjudicator’s jurisdiction in construction adjudication can pose a significant challenge to determine a dispute. If the adjudicator does not have jurisdiction, this can make their decision null or invalid. Whether you are a practising adjudicator, party representative or have an interest in adjudication, you are invited to join this interactive session, where real life or fictitious scenarios will be discussed in groups and then moderated on by three well known adjudicators.You’ll be invited to propose the scenarios during the registration and our panel of moderator will select a few to be discussed.
Moderators: Kim Franklin KC, Matt Molloy & Peter Vinden.
All times listed are in GMT.
Let’s Discuss is a new series of virtual events brought to you by Ciarb. The series is free for Ciarb members.
Throughout 2023 we will be running a series of virtual events, hosted by members for members. These will get under the skin of the things that really matter in alternative dispute resolution (ADR) around the world and talk about the issues that matter to you. They will be a great opportunity to learn, discuss and meet new connections.
This years’ Lets Discuss series will be centred around several key areas: adjudication, mediation, technology, and diversity and inclusion.
Each area will have a several events, spread throughout the year, each focusing on a relevant topic. It’s up to you, our members to decide, what those topics will be. Join us for the Let’s Discuss sessions and influence the conversation with your ideas, learn from fellow ADR professionals and shape the future discussion around topics that matter to you.
We will confirm events as we go through the year to ensure they are always based on the most relevant issues of the moment.
Sign up for the other sessions in the Let's Discuss series here:
Kim Franklin KC is a recognised independent international arbitrator specializing in the construction, engineering and infrastructure sectors, focussing on major projects and the resolution of high value, technically complex disputes involving project delay, PFI and FIDIC contracts.
Since taking silk in 2016, she acts predominantly as arbitrator, dispute board member and adjudicator, resolving disputes arising from complex projects in international arbitration, dispute boards and as UK construction adjudicator.
A Chartered Arbitrator since 2000, Kim acts as party appointed, sole arbitrator and Tribunal Chair for arbitrations under institutional rules, including ICC, ADCCAC and DIAC in the UAE and GCC with experience of the ICC Expedited Procedure and as Emergency Arbitrator.
An accredited adjudicator with the CIArb, TeCSA, TECBAR, RIBA, and IChemE, Kim has a reputation for clarity, strong case management and sound strategic judgment.
Matthew is an experienced dispute resolver and has been appointed in over 900 construction and engineering disputes as either adjudicator, arbitrator, mediator, expert determiner, Conflict or Dispute Avoidance Panel/Board member. These disputes have concerned a number of high profile projects both within the UK and overseas, and have involved complex technical and legal issues in a variety of sectors, including education, private and public housing, offices, hotels and leisure, sports stadia, roads and infrastructure, utilities, energy and process engineering. Matthew is on the RICS, TeCSA, CIArb, CEDR, CIC, CIOB, RIBA and the Irish government panel of construction adjudicators as well as the FIDIC’s President’s List. He is also on the CIArb panel of construction arbitrators, the RICS select panel of construction and engineering arbitrators and has been appointed by the ICC and DIFC-LCIA (now DIAC) in relation to international arbitrations. Matthew is frequently named and agreed by parties and their representatives to act as dispute resolver both before and after disputes have arisen. Matthew’s work as a mediator predominantly concerns construction and property related disputes including multi-party disputes, disputes involving public and private bodies, private individuals and insured professionals.
Matthew is a member of the Society of Construction Law, the Adjudication Society, ARBRIX, the Arbitration Club (Law Courts Branch), the LCIA and the Society of Construction Arbitrators. He is the current Chair of the CIC ADR Management Board and a Court Assistant of the Worshipful Company of Arbitrators. He is also a Course Director/Tutor for the RICS Diploma in Adjudication, acts as moderator and assessor for the RICS Diploma in Arbitration (Domestic and International), External Examiner for the MSc/LLM Construction Law & Dispute Resolution at Leeds Beckett University and also Chairs Adjudicator, Arbitrator, Fellowship and Chartered Arbitrator assessment panels for the RICS and CIArb. Matthew has also acted as Honorary Secretary of CIArb London Branch and has served on and/or chaired the RICS Dispute Resolution Faculty Board, Dispute Resolution Policy Committee and a number of RICS, CIArb and CIOB Working Groups. Matthew regularly conducts training and gives lectures/presentations on construction law and dispute resolution topics and is on the Editorial Consultation board of Practical Law.
Peter is an experienced adjudicator, arbitrator, expert and mediator with specialist knowledge of all aspects of the construction industry.
He has extensive experience in adjudicating construction disputes and in mediating personnel, pharmaceutical, finance, manufacturing, land and construction disputes.
He is particularly interested and experienced in combining mediation with other means of dispute resolution, the benefit often being that parties resolve their disputes in a shorter timeframe, saving time and money for all involved.
30 years’ experience in advising banks and company directors on a range of corporate restructure and recovery issues in the construction sector.
Peter’s specialties include construction Adjudication, Arbitration and Expert Determination; Mediation in multi-party multi-issue disputes; corporate restructuring and recovery.
With over 600 appointments as Adjudicator, 500 as Mediator and 200 as Expert, Expert Determiner and Arbitrator, Peter is a recognised expert in his field and has ongoing involvement in industry bodies.