Overview

Belt and Road infrastructure projects usually involve with at least one of the key players (e.g. contractor, consultants or employers) working outside its country of origin. As these multi-national participants come from different political, legal, economic, and cultural backgrounds, disputes in these projects involve more than just rights and interests of the parties. If disputes are not managed properly, they tend to cause project delays and destroy business relationships.

Since globalization lead us to harmonization and convergence with international practice, international projects call for common practices and procedures and have led to something approaching a ’global law’.

 Faculty FB 0105

Objectives

In this workshop, speakers will introduce the theoretical and practical knowledge of dispute resolution (DR) to equip participants to face the challenge of “disputology” problems in the Belt and Road projects. The following topics will be covered:

  • Institutional framework to resolve disputes and handle certain construction risks
  • The Harmonisation of international arbitration
  • Application of Alternative Dispute Resolution (ADR) and ‘multi-tiered” DR mechanisms in international projects

Details of cases to be shared by Guest Speakers 

 

Facilitator and Guest Speakers 

Facilitator:
Prof Edwin Chan resized01

Prof. Edwin Chan

Professor, 
Department of Building
and Real Estate, PolyU

 

Guest Speakers:      
Daniel C. Lam resized01 Felix Lee smart casual resized01 IMG 7607 Stephen Lee resized01 Ben Bury resized01

Mr. Daniel C. Lam, SBS, JP

Chief Executive Officer,
eBRAM Centre Limited

Mr. Felix Lee

Executive Director,
UMP Healthcare Holdings

Mr. Stephen Lee

Chief Executive Officer,
Construction segment,
Chun Wo Construction
Holdings Company Limited

Mr. Ben Bury

Partner,
Holman Fenwick Willan

 

 

Quick Summary

Date & Time:

20 September 2019 (Fri), 6 p.m. – 9:30 p.m. and
21 September 2019 (Sat), 9 a.m. – 5:45 p.m.

Medium of Instruction:

Cantonese with training materials in English

Guest Speaker Sharing:

Cantonese / Putonghua / English

Venue:

Hotel ICON, Kowloon

Workshop Fee:

HK$800 (includes HK$400 workshop fee and HK$400 self-funded lunch and dinner fee)

Workshop Size:

A maximum of 50 participants

Click HERE to register the Belt and Road Cross-Professional Advancement Programme workshops

Learning Outcomes

Upon completion of the workshop, participants are expected to:

  • be able to examine different dispute resolution mechanisms (DRM) to decipher their characteristics, limitations and legal implications.
  • have a good understanding on the nature of the DRM, in order to project a general topography showing the distribution pattern of their use for resolving different types of dispute involving international parties.
  • gain an insight of cultural dimensions in relation to the causing and resolving disputes.
  • be able to interact with the purposely-developed DRM website to appraise and select the most appropriate mechanism for his/her dispute types.

Facilitator and Guest Speakers

Facilitator:

Prof Edwin Chan resized01

Prof. Edwin Chan 
Professor, Department of Building and Real Estate, PolyU 

Prof. Chan studied Architecture and later learnt Law in England and Hong Kong. He obtained his PhD degree at King’s College of London University. He is qualified as a Chartered Architect, Engineer and Surveyor and a Barrister-at-Law. He is Professor & Programme Leader of the MSc in Construction Law and Associate Head (Research 2007-2017) of Department of Building and Real Estate, and has been appointed as Adjunct Professor of other universities including University of South Australia and Sun yat-sen University and Hunan University in China etc., . He is an accredited mediator of the Hong Kong International Arbitration Centre and a mediator/arbitrator of the Joint Panel of Mediators/Arbitrators of the Hong Kong Institute of Surveyors (HKIS) and Hong Kong Institute of Architects (HKIA). Panel arbitrator of the Guangzhou Arbitration Commission. He is the chairman of the HKIA’s Contract and Dispute Resolution Committee (2005-2009).

He has carried out a wide range of research relating to urban development including: Sustainability policy for urban environment; Urban renewal/ heritage conservation; Low carbon polices; Healthy/Green building; Institutional analysis and transaction costs for “Green” promotions; Dispute management; and Community issues. He has published his work in about 130 international SCI/SSCI journal papers and many book chapters. He serves as an editor or editorial board member of several research journals and has edited many books related to his research.

Guest Speakers:

Daniel C. Lam resized01

Mr. Daniel C. Lam, SBS, JP
Chief Executive Officer, eBRAM Centre Limited

Mr. Lam is a practicing arbitrator and an experienced property development and construction expert, specialized on property developments above railway stations and depots, hospitals and urban redevelopments.  He is currently the Chief Executive Officer of eBRAM Centre Limited.

He is a Chartered Arbitrator and listed on the panels of Hong Kong, London and Vancouver, and is appointed as Arbitrator to CIETAC and the Beijing Arbitration Commission (1998-2012).  He is also a member of the South China International Economic and Trade Arbitration Commission (2012-present), and a member of the International Council of Commercial Arbitration in Hague.  In 2016 he was also appointed as arbitrator by the One Belt One Road (China) Arbitration Court.  He is a Past President of the Hong Kong Institute of Surveyors (1986-1987) and the Founding and Past Chairman of the Hong Kong Institute of Arbitrators (1997-2000).  He is a Council member of the Hong Kong International Arbitration Centre (1993-2016), and Chairman of its Mediators Accreditation Committee (2002-2006).  He was the External Examiner of HKU’s Real Estate & Construction Department from 1995 to 1998, and has been appointed as its Honorary Professor for the terms of 2006-2014.

 

Felix Lee smart casual resized01

Mr. Felix Lee
Executive Director, UMP Healthcare Holdings

Mr. LEE Kar Chung, Felix is an Executive Director of UMP Healthcare Holdings (722:HK). He is responsible for corporate development, international operations and merger and acquisitions. He is also a Senior Vice President of Chow Tai Fook Enterprises Limited, with responsibilities in making investments in the healthcare sector in Asia and globally. Mr. Lee is also an Independent Non-executive Director of China Resources Medical (1515:HK). Mr. Lee has extensive experience in law, finance and the healthcare industry. Prior to his current roles, Mr. Lee was a solicitor at Freshfields Bruckhaus Deringer, an Analyst in the investment banking department UBS AG, Hong Kong Branch and a Director in the investment banking department of Deutsche Bank AG, Hong Kong Branch.

Mr. Lee obtained a Bachelor of Laws from the London School of Economics and Political Sciences. He has been a solicitor of the High Court of Hong Kong since 2007. Felix is also a member of the China Committee and the Greater Bay Area Committee, the Hong Kong General Chamber of Commerce.

 

IMG 7607 Stephen Lee resized01

Mr. Stephen Lee
Chief Executive Officer, Construction segment, Chun Wo Construction Holdings Company Limited

Mr. Lee, graduated from The University of Hong Kong with a Bachelor of Arts (Architectural Studies) degree in 1980 and a Bachelor of Building degree in 1982. He is a Registered Professional Surveyor (QS) with fellow membership of the Royal Institution of Chartered Surveyors and The Hong Kong Institute of Surveyors and membership of the Chartered Institute of Arbitrators. He is on the List of Arbitrators of Hong Kong International Arbitration Centre and is a member of the Joint Panel of Arbitrators of The Hong Kong Institute of Surveyors and The Hong Kong Institute of Architects. Mr. Lee has 38 years’ experience in quantity surveying and commercial management in Hong Kong, the Mainland China, Taiwan, Macau, Singapore and Malaysia. He worked with Asia Allied Infrastructure Holdings Limited (formerly known as Chun Wo Development Holdings Limited [The Group] from 1998 to 2005 and re-joined the Group in 2011. Mr. Lee is a Director (Legal and Commercial) of the Group. He is also currently the Chief Executive Officer of the construction segment Chun Wo Construction Holdings Company Limited of the Group, responsible for the management of the overall construction business of the Group.

 

 Ben Bury resized01

Mr. Ben Bury
Partner, Holman Fenwick Willan

Ben is a Partner in HFW's Hong Kong and Singapore offices. For more than 14 years, Ben has assisted clients to resolve disputes arising out of complex and high value construction projects.

Ben has been based in Asia since 2011 and has advised on disputes arising out of some of the largest and most significant projects in the region.  This includes the construction of multi-billion dollar onshore and offshore oil and gas facilities, power plants, underground railways and tunneling projects, ports, roads, refineries, mines and processing plants, and reclamation works.

Ben has worked for or against corporations or on projects connected to almost every country in Asia-Pacific including China, Hong Kong, South Korea, Japan, India, Bangladesh, Thailand, Vietnam, Malaysia, Indonesia, the Philippines, Singapore, and Australia.

He has acted as counsel on arbitrations seated in numerous jurisdictions and subject to the institutional rules of the ICC, SIAC, HKIAC, LCIA, and LMAA, as well as ad hoc arbitrations subject to the UNCITRAL rules.

Highly respected by clients, he is praised as being an "Arbitration specialist" and "‘very, very smart, with a strategic mind and huge knowledge of international construction" in the Legal 500 Asia Pacific guide 2019.

Ben is qualified in England & Wales and Hong Kong; and has been granted full registration as a Registered Foreign Lawyer in the Singapore International Commercial Court. He is also the Assistant Secretary and International Liaison Officer for the Society of Construction Law Hong Kong.

Case Sharing

Guest Speakers:

Daniel C. Lam resized01

Mr. Daniel C. Lam, SBS, JP
Chief Executive Officer, eBRAM Centre Limited

Mr. Daniel C. Lam will focus his sharing on the latest developments of Online Dispute Resolution in Mainland China. He will also talk about the differences between common law jurisdictions and civil law in online disputes crossing international borders.

Felix Lee smart casual resized01

Mr. Felix Lee
Executive Director, UMP Healthcare Holdings 

To be confirmed.

IMG 7607 Stephen Lee resized01

Mr. Stephen Lee
Chief Executive Officer, Construction segment, Chun Wo Construction Holdings Company Limited

To be confirmed.

 Ben Bury resized01

Mr. Ben Bury
Partner, Holman Fenwick Willan

Ben Bury, Partner of HFW Law Firm, will give an overview of his research into the potential for construction disputes to arise along the Belt and Road, particularly in the event projects are put on hold or otherwise delayed. Given the potential for Belt and Road projects to be subject to contracts governed by a common law jurisdictions such as England, Hong Kong or Singapore (even when the project is in a country many miles from any of those jurisdictions), Ben will discuss recent case law in those countries on the important subject of delays on construction projects.