A joint event with: The Professional Negligence Lawyers Association, Property Litigation Association and the Society of Construction Law.
Marion Smith QC and John Denis-Smith of 39 Essex Chambers will analyse the developments in alternative dispute resolution over the past 12 months and reflect on the issues to be faced in 2017. Are these alternative methods meeting the needs of the parties and the public at large?
Topics to be covered include:
- Should the ambit of adjudication be extended? Seen as a success in the construction sphere, does it work for other types of dispute such as professional negligence disputes? Should the residential occupier exception be removed?
- Is arbitration held hostage by due process paranoia?
- Is mediation really confidential?
- When are allegations of bias and challenges to appointments of arbitrators and adjudicators successful?
- What is the extent of the dispute resolver’s immunity, liability for costs and can or should (s)he be insured?
- When can an expert determination be challenged?
Marion Smith QC has extensive experience in representing and advising local and international clients in a broad range of commercial and construction matters. She appears as a trial and appellate advocate in England and Wales and has been involved with arbitrations before a range of Tribunals including under the Rules of the ICC, KLRCA, LCIA, LMAA and the UNCITRAL Arbitration Rules. She is recommended by the Legal 500 Asia Pacific 2017 and Chambers & Partners 2017 for Construction. Marion is a Visiting Senior Lecturer in the School of International Arbitration at Queen Mary University of London and a Trustee and Fellow of the Chartered Institute of Arbitrators.
John Denis-Smith is a commercial barrister, working in the fields of construction and commercial law with experience in international arbitration. He is a Fellow of the Chartered Institute of Arbitrators. Praised in Court for his “coolness and tenacity”, John dedicates his energy, knowledge and ingenuity to getting clients the quickest and most favourable results, often without the need for costly and lengthy proceedings. John has extensive experience of litigation and adjudication, including professional negligence claims, covering public buildings, engineering projects (including temporary and permanent structures), commercial premises, waterways and residential properties of high net worth individuals. He regularly contributes to the Practical Law Construction and dispute resolution blogs, Westlaw and LexisNexis and Construction News. He has an MSc in Construction Law and Arbitration from King’s College and is a member of TecBar, the SCL and the CIArb.
There is no charge for this event but booking is required.