Final Programme. Back to our roots January The Centennial.

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1 Photographs istockphoto; The Centennial Launch Conference Back to our roots January 2015 International Convention Centre Birmingham, United Kingdom Final Programme

2 Contents Foreword 1 Programme 2 8 Speakers biographies 9 19 Birmingham Centenary Conference sponsors Catering suite floor plan and exhibitor listing 23 Conference information Venue facilities 26 Venue map 27 Centenary dates for your diary 28 Programme at a glance 29 d

3 Welcome to the launch of the CIArb centenary year Planning for the centenary celebrations has now been underway for a number of years. In preparing to launch this milestone in CIArb s history, the Working Party charged with developing the concept for the year and engaging the wider membership that makes up CIArb, developed the notion of a return to our roots. Throughout our one hundred years CIArb has been at the forefront of promoting and resolving the resolution of differences other than through the courts. Today, that ideal is encapsulated within our Golden Thread, to: zdeliver education, training and qualifications; zdevelop the learned society; zfacilitate alternative dispute resolution. CIArb was created by professionals working in the construction and property industries. Those pioneers were drawn from surveyors, architects and engineers. Recognising the importance of resolving disputes other than through litigation, the Birmingham conference takes a hard look at the techniques and tools available for end-users, professionals and party representatives. The conference itself is supported by its social events, providing an opportunity for delegates to meet, greet and develop relationships amongst the broad base of the CIArb membership. Anthony Abrahams TD DL MBA MCIArb Director General, CIArb 1

4 Programme Thursday 22 January, :30 21:00 Cocktail Reception and CIArb President s Welcome Charles Brown, FCIArb, President CIArb Banqueting Suite, Council House Friday 23 January, :00 09:30 Arrival, registration and refreshments Hall 6 Foyer + Hall 8 09:30 09:35 Welcome and introduction Speaker: Anthony Abrahams, MCIArb, Director General, CIArb 09:35 10:00 Keynote address Speaker: The Rt Hon Lord Justice Rupert Jackson 2

5 10:00 11:15 Panel 1 Past: What has history taught us in Alternative Dispute Resolution? This panel session will pose the session question to our three panellists. Each, will give their own perspective, this session will then open to the floor for interactive delegate Q&A. zhistory has taught us that there is a constant demand for newer and better systems of ADR. Why is this? zis the search for a perfect ADR system illusory? zhas history taught us how to avoid the dispute? Chair: The Rt Hon Lord Justice Rupert Jackson Panellists: Lord David Hacking, MA(Cantab) FCIArb Professor Dr Nael Bunni, BSc, MSc, PhD, CEng, FICE, FIStructE, FInstCPD ProfessorJohn Uff CBE, QC, FREng Master of the Worshipful Company of Arbitrators 11:15 11:30Mid-morning refreshments and networking Hall 8 11:30 12:45 Panel 2 Current: Challenges and opportunities for Alternative Dispute Resolution in 2015 (a construction and property perspective) This session will explore the main forms of ADR, the challenges of each and the opportunities for parties, professionals and dispute resolvers respectively. Constant challenges are concerned about costs, the need for expedition and the securing of quality decisions or results. All these forms of ADR can and often work well but sometimes clients are dissatisfied. Practitioners need to produce decisions which are rational and adequately reasoned so that the parties know why they have won or lost. The session will consider ways of improving the delivery of these different forms of ADR in terms of time, resources, quality and, ever present, cost. Chair: The Hon Mr Justice Akenhead, Judge of the Technology and Construction Court Panellists: Keith Blizzard, BSc(Hons), DipArb, FRICS, FCIOB, FCIArb, CArb, FFB, MEWI Brian Egglestone, CEng, FICE, FIStructE, FCIArb Michael Stephens, FCIArb, FRSA 12:45 14:00 Lunch and networking Hall 8 3

6 14:00 15:00 Breakout session 1 Arbitration: Costly and Pedestrian? This interactive breakout session will explore and discuss the following topics: zarbitration is infinitely flexible and can come up with procedures to fit any dispute zarbitrators have the ability to control cases so as to avoid delay and excessive cost zarbitrators can give Provisional Awards zarbitrators can award costs against a party which acts unreasonably zarbitration can encourage and allow time for parties to settle and agree issues. zarbitration can deal with any dispute, however complex or difficult zarbitration allows parties to achieve finality zarbitration can accommodate a speedy timetable agreed upon by the parties, including a time for the award. Speakers: Professor John Uff CBE, QC, FREng Master of the Worshipful Company of Arbitrators Chris Ennis, MSc, FRICS, FCIArb John Tackaberry QC, MA, LLM, FCIArb, FFB 4

7 14:00 15:00 Breakout session 2 Adjudication: Too formal and too expensive? This interactive breakout session will explore and discuss the following topics: zoriginal ideas for speedy and cheap justice in adjudication zdefinition of dispute unlimited zimpossibility of keeping out lawyers (fairness grounds) zthe way forward: 1 Selection of the right adjudicator the role of the appointing institutions pre-selection by agreement in contract 2 Selection/agreement of useable procedures in any given adjudication rigour in enforcing rules and directions need for some flexibility to avoid charge of unfairness use of stricter adjudication rules possible agreed power to exclude late submissions/evidence 3 Education of adjudicators where necessary 4 Methods to cope with jurisdictional or unfairness challenges during adjudication 5 Methods of accommodating large quantities of evidence and documents zpossible statutory changes : 1 Costs to follow event 2 Limitation on definition of dispute to exclude exceptionally complicated claims, professional negligence claims or claims other than payment claims 3 The Malaysian/Singaporean/Australian experience Speakers: The Hon Mr Justice Akenhead, Judge of the Technology and Construction Court Keith Blizzard, BSc(Hons), DipArb, FRICS, FCIOB, FCIArb CArb, FFB, MEWI Brian Egglestone, CEng, FICE, FIStructE, FCIArb Hall 6 14:00 15:00 Breakout session 3 Mediation: Merely part of the litigation process? This interactive breakout session will explore and challenge current thinking and practice in how and when to engage in mediation. Are lawyers and participants increasingly seeing mediation merely as part of the litigation process rather than a stand-alone alternative dispute resolution process? If this is the case, what might the advantages be of engaging in mediation at a far earlier stage in the dispute? What are the obstacles to separating mediation from the litigation process and how might they be overcome? Speakers: Her Honour Frances Kirkham CBE, C.Arb Jane Gunn, International Mediator and Speaker, FCIArb, FRSA, PSA, UKI President, FPSA Anthony Glaister, FCIArb Colin Wall, C.Arb BSc(Hons) FRICS, FHKIS, MACostE Hall 7 5

8 15:00 16:00 Panel 3 University Challenge Developing professional education in Alternative Dispute Resolution The session will review the education pathways in ADR. The academic panel will discuss the provision that is currently available and how this could be developed for the 21st Century. Is a joined up approach required from academic institutions or is remote e-learning an option? This is an interactive session, delegates are welcome to ask questions to the panel. Speakers: Professor Renato Nazzini, PhD, MCIArb Dr Ian Trushell, BA (Hons), MBA, MLitt, LLM, MSc, PhD, FRICS, FCIArb, FCIOB Denise Crawford, MA Jane Jarman, BA (Hons), ACIrb, Solicitor 16:00 16:15 Afternoon refreshments and networking Hall 8 16:15 17:15 Panel 4 Survival of the fittest: crafting another 100 years in Alternative Dispute Resolution This panel will consider the future development of arbitration and make proposals on the following topics: zreform of disclosure in larger/international arbitration, with a focus on the use of IT in electronic searching for documents, and on different types of orders to costs that can or should be made which relate only to issues of disclosure, irrespective of the overall outcome of the arbitration zspeedier forms of procedure in smaller/domestic arbitration, with a focus on the use of IT in telephone conferencing and attendance of witnesses and/or parties by video link zgeneral proposals for the increased use of IT in all forms of arbitration. Chair: His Honour Judge David Grant, Judge of the Technology and Construction Court in Birmingham, MA, LLB (Cantab) Panellists: Professor Richard Susskind OBE Peter Rees QC, FCIArb, C.Arb Michael O Reilly, FCIArb 19:30 Late CIArb Centenary Conference Dinner and Dance Symphony Ballroom Hyatt Regency Hotel 6

9 Saturday 24 January, :30 09:30 Arrival, registration and refreshments Hall 6 Foyer and Hall 8 09:30 10:30 Panel 5 Heads of terms and contractual agreements in property This session will explore contractual arrangements, the nature of disputes and the current law relating to the property industry. Each panelist will provide their own perspective to the topic of this session, the panel will then open this to the floor, for an interactive delegate Q&A. Chair: Sir Kim Lewison, Lord Justice of Appeal Panellists: Stephen Bickford- Smith, FCIArb Graham Chase, FRCIS, C.Arb, FRSA, FInstCPD 10:30 10:45 Mid-morning refreshments and networking Hall 8 10:45 12:00 Special guest keynote address Chair: Sir Kim Lewison, Lord Justice of Appeal Guest keynote speaker: Karren Brady, Baroness Brady of Knightsbridge 12:00 12:30 Industry address How to avoid litigation disputes Argent, a property development company is involved in the full development process from identifying and assembling sites, developing designs and obtaining planning permission through to financing, project management of the construction process, letting, asset management and (sometimes) selling. Argent also manage and maintain buildings and estates.this Industry Address will review the procedures and practices Argent put in place to avoid litigation. The address will also evaluate the advantages and shortcomings of Alternative Dispute Resolution versus the courts. Speaker: Peter Freeman, Chairman, Argent 7

10 12:30 12:45 Conference summary Charles Brown, FCIArb, President CIArb 12:45 14:00 Lunch and networking Hall 8 Construction Expertise, Commercial Values SPECIAlISt BArrIStErS Adjudication Arbitration Construction Energy Engineering Infrastructure Insurance Professional Negligence Property Damage Contact: +44 (0)

11 Speakers biographies Anthony Abrahams MCIArb, Director General CIArb Anthony Abrahams TD DL MBA joined the Chartered Institute of Arbitrators as its new Director General on 10 April He moved from Charter Chambers where he was Chief Executive, and prior to that Group Managing Director at Kain Knight Group plc. Qualified as a solicitor and specialising in civil litigation, Anthony has considerable hands-on experience in legal practice management which he has reinforced academically, gaining an MBA with distinction from Nottingham Law School. Anthony also sits as a Deputy District Judge. His legal background has been complemented and enhanced with leadership and organisational skills acquired in the Territorial Army where he attained the rank of Colonel. He was mobilised in 2006 to undertake an operational tour in Iraq, working to develop the rule of law and dealing with human rights issues there. He is involved with a number of military charities caring for the needs of service personnel and their families as well as St John Ambulance Brigade. Married with three children Anthony enjoys, or suffers, supporting Northampton Saints with his family and has recently taken up sailing. The Hon Mr Justice Akenhead, Judge of the Technology and Construction Court (TCC) The Hon Mr Justice Akenhead was called to the Bar in 1972 and practised from what is now Atkin Chambers from 1973 until He was appointed a QC in 1989 and has been a recorder since In 2007 he was appointed a High Court Judge sitting in the Queen s Bench Division and in particular in the TCC. From September 2010 for three years he was the judge in charge of the TCC. His practice as a barrister was almost exclusively in construction and engineering and he was involved in numerous cases in the Official Referees Court, now the TCC, as well as in arbitration. His work took him all over the world to places such as Hong Kong, Singapore and many parts of Europe with the most memorable trips being to Fiji, Australia, South Africa, Indonesia and the West Indies. He acted as arbitrator extensively before becoming a judge and also as a court appointed or approved arbitrator, both on domestic and international arbitrations. He is the author of several books, Site Investigation and the Law and Technology and Construction Court Practice and Procedure as well as being, since 1999, a joint editor of the Building Law Reports. 9

12 Stephen Bickford Smith FCIArb Stephen Bickford Smith is a barrister and arbitrator in practice at Landmark Chambers, London. His legal work is based around real property, construction and dispute resolution. In property he deals with a wide range of cases, and has built up specialist practices in the fields of party walls and rights of light, where he has appeared in many of the leading cases. He deals with commercial disputes and acts as an adjudicator in construction matters. He also sits regularly as an arbitrator. The third edition of his book on Rights of Light has just appeared and a fourth edition of his book on Party Walls will appear shortly. He is a former chairman of the London Branch of the Chartered Institute. Keith Blizzard BSc (Hons), DipArb, FRICS, FCIOB, FCIArb, CArb, FFB, MEWI Keith Blizzard is a Chartered Quantity Surveyor, Chartered Builder and Chartered Arbitrator who was the first RICS member to be approved as a non-lawyer Partner of a firm of Solicitors in England and Wales. He has over 35 years experience in the construction industry as a quantity surveyor, project manager and contract administrator. Having established his own firm of Chartered Quantity Surveyors in 1987 he merged with a firm of solicitors in 2004 and moved his team to Shakespeares in 2008, where he now heads the construction team in the Birmingham office. Keith is an accredited Dispute Board Member and experienced commercial mediator. He is an experienced Arbitrator and has published over 300 Decisions as a construction Adjudicator. He is a visiting lecturer at a number of universities and has contributed to the construction law elements of a number of Masters Degree level courses as well as being a tutor, assessor and examiner for the CIArb and RICS. Keith is a former Course Director for the Adjudication Pathway for the CIArb. He was invited to contribute to the creation, delivery and assessment of the conversion course to prepare adjudicators for the introduction of adjudication in the Republic of Ireland. Keith has delivered papers on construction law related issues at conferences in a number of European cities. He was shortlisted as Law Firm Partner of the Year at the 2014 Birmingham Law Society Awards. Karren Brady, Baroness Brady of Knightsbridge Karren Brady began her career aged 18 at Saatchi & Saatchi, and swiftly moved onto LBC as a sales executive. In 1998 she joined Sport Newspapers Ltd and became Director within a year. Karren Brady is recognised as the first woman in football. She was Managing Director of Birmingham City Football Club from 1993 to 2009 and, during that time, turned the Club s fortunes around. She took over the Club when it was in administration and, in her first year at the helm, the Club recorded a financial trading profit. In 1996 the Club made an overall profit for the first time in modern history and in February 1997 she launched the Club on the Stock market; Karren was the youngest Managing Director of a plc in the UK. In October 2009 Karren sold Birmingham City FC for 82million. In January 2010, Karren was appointed Vice Chairman of West Ham United FC. In January 2011, under her leadership WHU was chosen as preferred bidder for the Olympic Stadium. As a result her club hopes to be moving there in Following her first 12 months at West Ham, the club made a trading profit for the first time in many years. An Ambassador for the Stroke Association, WellChild and Teenage Cancer Trust, Karren has been a Board Director of Mothercare plc, Channel 4 Television and Sport England and is currently a non-executive Director of Arcadia and SYCO. She is an Honorary Fellow of the Institute of Sales and Marketing. 10

13 Charles Brown FCIArb, President CIArb The opportunity to represent CIArb as President in the Centenary year, 2015, is an honour and responsibility which Charles regards as the high point of his professional life. Charles joined the Institute in 1980 and took the International Pathway to Fellowship in 2000 becoming a Chartered Arbitrator and member of the presidential Arbitration Panel in He is a member of the Faculty of Trainers. He has been a member of the South East Branch committee since 2005 and was the Branch Chairman in 2009 and A member of the Examinations Board in 2009 and Chairman in 2010, he joined the Board of Management in 2010 and was appointed Chairman of the Board for 2011 and A Freeman of the Worshipful Company of Arbitrators, he is also a TeCSA panel adjudicator and a member of IBA (ICP section) SCL and the Law Society. Charles has been a practising lawyer for over 40 years. He qualified as a solicitor in 1980 and, after spells as a partner in UK and International law firms, realised a long-held ambition and created and ran his own firm from He retired as a solicitor in September 2014 to concentrate his practice as an arbitrator, adjudicator, lecturer in International Arbitration and Adjudication and consultant advising on the avoidance and resolution of commercial disputes. He has focused his legal practice on the construction sector and dispute avoidance and resolution and has extensive international experience, in particular in the Gulf and South East Asia, in addition to the UK and Europe. Charles has three children (one of whom is a student member of CIArb) and became a proud grandfather in His sporting passion is football and as the family all live in Surrey and South London, his grandson will naturally be brought up to support Manchester United! His other passions are cooking and the wines and food of the Friuli region of North East Italy. Professor Dr. Nael G. Bunni, BSc, MSc, PhD, CEng, FICE, FIStructE, FCIArb, FIAE, FConsEI Professor Dr. Nael Bunni is a Chartered Engineer, Chartered Arbitrator, Conciliator/ Mediator and Visiting Professor in Construction Law and Contract Administration at Trinity College Dublin. He is Past President of the Association of Consulting Engineers of Ireland (1987/1988), a Past President of the Chartered Institute of Arbitrators, worldwide (2000/2001), and Past Chairman of its Irish Branch (1986/1998), Past Chairman of FIDIC s Standing Committee on Professional Liability and its Task Committee on Construction, Insurance and Law. He was a member of the Board of Directors of the LCIA ( ), and of the DIAC Board of Trustees, and Chairman of its Executive Committee ( ). Currently he is a member of the ICC Commission on Arbitration & ADR, Paris. Elected Fellow of the Irish Academy of Engineering in 1999, and in 2000 a member of ICCA (now advisory member to the Governing Board). Since 1972, Professor Dr. Bunni has acted as arbitrator, conciliator/mediator or dispute board member on cases involving parties from over 50 jurisdictions. As arbitrator, he has acted as sole arbitrator, member of tribunal, or chairman of tribunal, in over 150 domestic and international cases, under the Rules of Arbitration of: the ICC, UNCITRAL, LCIA, CRCICA, DIAC, IEI, or ad hoc rules. He is author of three books: Construction Insurance and the Irish Conditions of Contract, Risk and Insurance in Construction, now in its second edition; and The FIDIC Forms of Contract now in its third edition. He is also the author of numerous technical papers and has been invited to speak in jurisdictions from Europe, Asia, the Middle East, Africa, New Zealand, and North and South America. 11

14 Graham F. Chase FRICS, C-Arb, FRSA, FInstCPD Graham Chase is the Senior Partner of retail and leisure property specialist Chase and Partners, Chartered Surveyors and Chartered Town Planners based in central London. He is a Fellow and Past President of the Royal Institution of Chartered Surveyors, a Chartered Arbitrator, President and Past Chairman of the Association of Town & City Management, a Freeman of the City of London, Master of the Worshipful Company of Chartered Surveyors and a Fellow of the Royal Society for the encouragement of Arts, Manufactures and Commerce. In his 40 year career he has advised on the development, letting and funding of retail and leisure schemes with a combined value of over 10billion and advised over 40 Local authorities. He has acted on behalf of a number of national and international retailers acquiring retail accommodation throughout the UK with his latest client Gudrun Sjödén, one of Sweden s leading fashion retailers, who was recently awarded the King of Sweden s Medal for Design. On the development side one of his latest commissions has been advising the London Borough of Wandsworth on the viability of the retail and leisure elements of the Battersea Power Station regeneration project. Graham s core activities are as a commercial estate agent and consultant in the retail property, occupational, investment and development market. He also acts as an Expert Witness in the High Court, Lands Tribunal and Planning Inquiries and receives a number of appointments as an Independent Expert and Arbitrator on rent review, service charge, and development profit share disputes. He is the Consultant Editor of the Surveyors Handbook on Business Tenancy Renewals and has chaired and been involved in a number of Practice Statements, Guidance Notes and Information papers for the RICS including the Code of Measurement, Expert Witness, Advocates, Conflicts of Interest, Arbitrators and Independent Experts, Viability in Planning, Business Tenancies and Short Form Commercial Leases. He has sat on the Bank of England s Commercial Property Forum and was a member of the Property Advisory Group (PAG) of the ODPM. He was one of the founders of EAPS (Expert Advisors in Planning Services) which provides expert services to HM Planning Inspectorate. He is a Trustee of the Maritime Heritage Foundation and a Director and Trustee of Alford House, a youth club for the disadvantaged in Lambeth. He is a past Non Executive Director of Assura Group plc investing in Primary Care Trust facilities and which, with others, he floated on the London Stock Exchange in He is a Trustee and Director of the College of Estate Management, a past External Examiner for both Northumbria and Kingston Universities and a visiting lecturer and Honorary Fellow of London South Bank University. Denise Crawford, MA Denise Crawford is the Director of Global Education at the Chartered Institute of Arbitrators and has over 15 years experience in the areas of Financial and Legal Services, Higher Education and the Professional Associations sector. As a principal lecturer at Nottingham Law School (NLS) she was the programme leader for the unique MBA in Legal Practice and latterly at NLS she was the Academic Head of the NLS Strategy and Business Development Department. Denise has significant experience of lecturing at post graduate level, and has supervised numerous senior level MBA students during the dissertation process. She has tendered for, designed, developed and delivered a range of programmes at both CPD and award bearing level in law firm management. Denise is passionate about education and is now responsible for developing and delivering the CIArb academic plans in line with the overall strategic plan of CIArb, to create a forward looking, professional and imaginative approach to the delivery of professional education. 12

15 Brian Eggleston C.Eng, FICE, FIStructE, FCIArb Brian Eggleston is a chartered arbitrator with extensive UK and international experience. He also acts as an adjudicator and mediator and as an adviser to contractors and employers on contractual matters. He is well known as a seminar speaker on contract law and standard forms. In a career spanning over 50 years he has worked on all sides of the construction industry, firstly as a bridge designer, then as a resident engineer and contracts administrator, and subsequently as a director of various building and civil engineering contracting companies. Brian served as Chairman of the West Midlands Branch of the CIArb in 1985 and as President of the Chartered Institute of Arbitrators from 2004/2005. Brian is the author of six books for John Wiley/Blackwell Science: Liquidated Damages and Extensions of Time in Construction Contracts; The ICE Conditions of Contract Sixth edition; The ICE Design and Construct Contract; Model Forms of Contract for Electrical and Mechanical plant; The New Engineering Contract; The ICE Conditions of Contract Seventh edition. Christopher Ennis MSc, FRICS, FCIArb Christopher Ennis is a Chartered Quantity Surveyor with over 40 years varied experience in the construction industry and over 25 years specialised experience in construction dispute resolution related consultancy as an expert witness, adjudicator, mediator and arbitrator. He was a Director and later Managing Director of Northcrofts Management Services before joining Davis Langdon as a Partner in the Legal Support Services Group in 2007, and following take-over of DL by AECOM he co-founded Time Quantum Expert Forensics in TQEF provides expert dispute-related technical advice and independent quantum and delay analysis in all sectors of the construction and engineering industries, including acting as expert witness or as tribunal neutrals. Anthony Glaister MCIArb Anthony Glaister has practised as a mediator and arbitrator for over 20 years. He studied law and politics at Durham University and qualified as a solicitor in After nine years doing a combination of maritime and aviation law and international arbitration in London and the Middle East, he worked in Leeds as a construction specialist until 2008 when he became a full time neutral mainly mediating construction, property and partnership disputes. Early experiences of PDR made him a keen advocate of ADR, standing for Appropriate Dispute Resolution, and he has consistently worked to make dispute management and resolution more effective and satisfactory for the users. He chairs the Association of Northern Mediators and the CMC Accreditation Committee, sits on a few mediation panels and is an active member of the North East Branch of the CIArb. He lives in North Yorkshire and, when he has time, farms. Jane Gunn, FCIArb, FRSA, FPSA, CEDR accredited and IMI certified international mediator Jane Gunn, the Corporate Peacemaker, is a highly sought-after mediator and professional speaker. She specializes in collaboration, dynamic dialogue and transforming business relationships, and has helped numerous companies to move from deadlock situations to opening new streams of revenue and a vibrant corporate culture, saving her clients thousands of pounds, tiresome lawsuits, devastating disputes and ruined relationships on the way. She is a Fellow and immediate Past President of the Professional Speaking Association UKI and has been invited to speak at the United Nations, the European Commission and the White House. Jane travels and speaks all over the world. She is also the author of the acclaimed book on conflict management How to Beat Bedlam in the Boardroom and Boredom in the Bedroom 13

16 His Honour Judge David Grant, Specialist Judge of the TCC in Birmingham MA, LLB Downing College, Cambridge; Pilley Scholarship from Downing College; Rebecca Flower Squire prize from Cambridge University Sometime Editor of Emden s Construction Law While a Recorder, David tried one of the leading cases on the law of mistake: Hudson v Shogun Finance which went first to the CA [2002] QB 835, & then to the HL [2004] AC 919. See Chitty at para et seq As a judge of the TCC David has tried cases covering the whole range of TCC work, including: Claims between employers and contractors Adjudication cases, of which Naylor Construction v Acoustafoam Ltd [2010] BLR 183 is an example Arbitration appeals & applications; of which Morris Homes (West Midlands) Ltd v Keay & Keay [2013] EWHC 938 (TCC); [2013] BLR 370 is an example dealing with the criteria for permission to appeal an award Claims against professionals; an example is Harrison v Technical Sign Co Ltd & Ors [2012] EWHC 2887 (TCC) [2013]; BLR 244; Claims against Housing Authorities in respect of their statutory duties under the Housing Acts Sale of goods cases, usually involving some technical element; and claims made under the Consumer Protection Act; an example is Hufford v Samsung Electronics [2014] EWHC 2956 (TCC) Procurement cases Cases arising out of fires, explosions, flooding or other disasters Cases involving some aspect of Infrastructure, e.g. the supply etc of water & associated services, electricity & gas Claims arising out of repairing obligations in leases, in which expert opinion evidence is usually from building surveyors. In addition, whether sitting in the Chancery Division, the Mercantile Court or in the TCC, David has heard many applications for injunctions, whether for Freezing orders, Search orders, mandatory injunctions or otherwise. Having conducted the initial pilot scheme which was implemented in both the TCC and Mercantile Courts in Birmingham, David has been at the forefront of developing the new practice of Cost Management now introduced into the CPR as part of the Jackson reforms. The Rt Hon Lord Hacking of Chorley MA (Cantab), FCIArb David Hacking is an Associate Member of Littleton Chambers specialising in commercial arbitrations. He was called to the Bar in 1963 and practised for 12 years on the Midland Circuit from Chambers in Francis Taylor Buildings before moving over to be a Solicitor and to become a partner at Richards Butler. He was in the House of Lords for 28 years working on major legislation including Arbitration Acts 1979 and He is both a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators. 14

17 The Rt Hon Lord Justice Jackson Lord Justice (Rupert) Jackson has been a Lord Justice of Appeal since He was called to the Bar (Middle Temple) in He was co-author and general editor of Jackson and Powell on Professional Negligence from 1982 to Since then he has been consultant editor. He was appointed a Queen s Counsel in He was appointed Recorder in 1990 and Deputy High Court Judge in He was Chairman of the Professional Negligence Bar Association between 1993 and In 1999 he was appointed as a High Court Judge in the Queen s Bench Division. He was the Judge in Charge of the Technology and Construction Court (TCC) between 2004 and In January 2009 he was asked by the Master of the Rolls to undertake a comprehensive review of civil litigation costs. He produced a Preliminary Report in May 2009, and the Final Report was published in January He is a member of the Judicial Steering Group on implementation of the review. He has been an editor of the White Book since 2000 and editor-in-chief since Jane Jarman BA(Hons), ACIArb, Solicitor Jane was admitted as a solicitor in 1992 and specialised in professional indemnity litigation before joining NLS in 2003 and is now Reader in Legal Education and a specialist in legal regulation and compliance. She has designed a variety of programmes, including the compulsory Risk Management Education Programme for the Law Society of Hong Kong, and the new framework for the final qualification for registered trade mark attorneys. In 2012, along with Prof. Jane Ching she undertook a research project to reform the professional legal educational framework in Mauritius. Jane was also a co-author of the SRA s CPD Review. She is a contributor to Butterworths Commercial Court & Arbitration Pleadings. Her Honour Frances Kirkham CBE, Chartered Arbitrator Frances Kirkham graduated in modern languages and initially worked in banking. She qualified as a solicitor in 1978, practising as a construction and engineering law specialist, assisting professional and corporate clients with contract formation and dispute resolution. In 2000 Frances was appointed the Technology and Construction Court Judge in Birmingham, a post she held until her retirement from the bench in Frances case managed and tried cases in the TCC and also in the Chancery, Mercantile and Administrative Courts. Frances is a Fellow of the Chartered Institute of Arbitrators and is a Chartered Arbitrator. She has acted as arbitrator in many disputes over many years. Since her retirement from the bench in 2011, she has acted as arbitrator in high-value domestic and international construction and commercial disputes. Frances conducts adjudications and expert determinations. She also acts as a mediator, and has recently assisted parties in innovative evaluative mediations. Frances is a Justice of the Qatar International Court and Dispute Resolution Centre. Frances was appointed a Judicial Appointments Commissioner in 2007, a post she held until Frances is a member of the Chartered Institute s Professional Conduct Committee. She also serves as a non-executive director of the Royal Orthopaedic Hospital NHS Foundation Trust. Frances has been widely recognised for her contribution to law and the administration of justice, by the award of the CBE in 2011, the Clare Edwards award from TeCSA, honorary membership of Arbrix and honorary lifetime membership of the Society of Construction Law. 15

18 The Rt Hon Lord Justice Lewison Kim Lewison practised at the property Bar in England and Wales for some 27 years between 1975 and He was appointed a QC in He has been the nominal Chairman of the Property Bar Association, Chairman of the Anglo-American Real Property Institute and joint head of Falcon Chambers. He was appointed as a Judge of the Chancery Division in Since then he has declined to construe the phrase shizzle my nizzle, discovered what a patent looks like, examined the lovelife of the playwright Anthony Shaffer, been introduced to the music of Bob Marley and the Wailers, found out how much money Lancashire businessmen keep in cash under their baths, spent several court days considering bubbles, made the acquaintance of the Performing and Captive Animals Defence League, infuriated Welsh Rugby fans by interfering with the corporate governance of the Neath-Swansea Ospreys, stopped judges from having to perform mental gymnastics over statutory wills, and much more besides. He keeps a nodding familiarity with the law of Landlord and Tenant by editing Woodfall, and he continues to produce editions of his book on the Interpretation of Contracts (last ranked at 891,265 in the best selling books on Amazon). He was appointed a Lord Justice of Appeal in October 2011, which has given him even greater opportunity to pontificate on things he knows nothing about. Professor Renato Nazzini, PhD, MCIArb Renato Nazzini is Professor of Law at King s College, London, where he is also Director of Research of the Centre of Construction Law and Dispute Resolution. He holds doctorates from the Universities of Milan and London and has been Visiting Professor at the University of Turin and Honorary Fellow of the British Institute of International and Comparative Law. He is a Solicitor of the Senior Courts of England and Wales (currently not practising), an Italian advocate, and a Member of the Chartered Institute of Arbitrators. Previously, Professor Nazzini was Professor of Competition Law and Arbitration (formerly Reader in Law) at the University of Southampton, which he joined from the Office of Fair Trading (now the Competition and Markets Authority), where he was Deputy Director of the Legal and Policy Department and led or advised on major investigations and areas of enforcement and policy, including construction, financial services, private enforcement, and the review of the policy on abuse of dominance under Article 102 TFEU. While at the Office of Fair Trading, he worked with a number of European and international institutions including the European Commission and the Organization for Economic Cooperation and Development (OECD) and was appointed to the ICC Task Force on Arbitrating competition law issues. Professor Nazzini is the General Editor, together with Gordon Blanke, of Global Competition Litigation Review and is a member of the editorial board of the European Business Law Review. He has published more than 60 articles and book chapters as well as two authored books and two edited books. He is a regular speaker on commercial arbitration, ADR and civil procedure in the UK and abroad. Professor Nazzini is regularly appointed as arbitrator and advises and represents clients in complex commercial disputes both in arbitration and court proceedings. He is also an expert in competition law. His experience covers various sectors including telecommunications, energy, transport, pharmaceuticals, financial services, manufacturing, IT and new economy markets, heavy industries, gaming, consumer goods and retailing. 16

19 Michael O Reilly FCIArb Michael O Reilly is a Solicitor, specialising in commercial law. He has been the Legal Advisor to the Chartered Institute of Arbitrators, Professor of Law at Kingston University and is Editor of Arbitration. He is taking time out from international dispute resolution in frontline business where he is Senior Legal Counsel and Risk Management Director of one the UK s largest independent companies. Peter Rees QC, FCIArb, C.Arb Peter Rees is a member of Thirty Nine Essex Street Chambers. Prior to joining the Chambers, Peter was Legal Director of Royal Dutch Shell plc for just over three years, and before that he spent 27 years at Norton Rose, including eight years as Head of Global Dispute Resolution and five years as a litigation and arbitration partner at Debevoise & Plimpton. Peter specialises in international commercial arbitration and litigation with particular focus on the construction & engineering and oil & gas industries. He has been recommended as a leading expert in commercial arbitration and litigation by, amongst others, the Euromoney Guides to the World s Leading Litigation Lawyers and Experts in Commercial Arbitration and in the Legal Business Report on Legal Experts as an Expert in Arbitration, Commercial Litigation and Construction and in the Chambers Leaders in their Field as an expert in construction. He is a Fellow of the Chartered Institute of Arbitrators, a Chartered Arbitrator, a Member of the Board of Trustees of the Chartered Institute of Arbitrators, a Member of the London Court of International Arbitration a Board Member of CPR and a Former Member of the Governing Body of ICC Court of Arbitration. Peter was formerly Chair of the IBA International Construction Projects Committee, and Chair of the Technology and Construction Solicitors Association. In 2009, Peter was appointed Queen s Counsel. Michael Stephens, FCIArb, FRSA Michael Stephens is the immediate Past President of the Institute. A practising barrister, arbitrator, adjudicator and mediator, he is a member of Kings Chambers, Manchester, but is based in its Birmingham annexe. His work covers a broad spectrum of construction, commercial disputes and professional liability. He has been called to the Bar of Northern Ireland. Before being elected President, Michael served as one of the UK trustees of the Institute and as the Honorary Treasurer. He has taken part in the activities of the West Midlands Branch for more than 20 years. Michael is a member of a number of domestic and international arbitration and dispute resolution panels. He also holds Fellowship status of the Singapore, Malaysian and Philippine Institutes of Arbitrators and is a registered advocate at the DIFC Court in Dubai. 17

20 Professor Richard Susskind OBE Professor Richard Susskind OBE is an independent author, speaker, and adviser to law firms, in-house legal departments, and governments around the world. His main area of expertise is the future of legal and court services. He is the author of numerous books, including The Future of Law (1996), Transforming the Law (2000), The End of Lawyers? (2008), Tomorrow s Lawyers (2013), and (with Daniel Susskind), Beyond the Professions (forthcoming, 2015). Richard has written around 150 columns for The Times. His work has been translated into 12 languages, he has been invited to speak in over 40 countries, and he has addressed over 250,000 people. He is President of the Society for Computers and Law, IT Adviser to the Lord Chief Justice of England and Wales, and Chair of the Advisory Board of the Oxford Internet Institute. He holds professorships at Oxford University, University College London, Gresham College, and Strathclyde University. A Scots lawyer by background, he holds a doctorate in law from Balliol College, Oxford. He is a Fellow of the British Computer Society and of the Royal Society of Edinburgh. He was awarded an OBE in 2000 for services to IT in the Law and to the Administration of Justice. John Tackaberry QC MA LLM FCIArb FFB QC, Chartered Arbitrator, Former UNCC Commissioner, Former Recorder Mediator, Adjudicator and DRB work Called to the Bar of England and Wales (Grays Inn) Appointed to be one of Her Majesty s Counsel (England & Wales) Admitted (ad hoc) to the Bar of Malaysia. Admitted to the Bar of Ireland 1987 Admitted to the Bar of California Admitted (ad hoc) to the Bar of Hong Kong. Appointed a Recorder of the Crown Court Admitted to the Bar of New South Wales (also QC). Visiting Professor in Construction Law, Queensland University of Technology Commissioner of the United Nations Compensation Commission Dr Ian Trushell BA, MBA, Mlitt, LLM, MSc, PhD, FRICS, FCIArb, FCIOB Ian Trushell spent 40 years in private practice with a long-established firm of Chartered Quantity Surveyors in Glasgow where he was a Partner for 25 years. His professional work was mainly in the Healthcare, University and Engineering sectors. He acted as an Arbitrator on a number of occasions and advised parties in several mediations. Since 2005 Ian has been a full-time lecturer in Construction Law and Dispute Resolution at Glasgow Caledonian University. Ian has specialist Master s degrees in Construction Law and in Mediation from the University of Strathclyde. Ian is a Past-Chairman of the Institute s Assessment and Examination Board and of the Scottish Branch of the CIArb. He is currently a member of the Assessment and Examination Board and is the Education Convener of the Scottish Branch. 18

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