Construction Arbitration in Hong Kong: A Practical Guide (includes FREE one year access of ONLINE version)

Author: James Kwan; Christopher To
Publisher: Wolters Kluwer (HK) (formerly CCH)
ISBN: 9789881342928
Published In: April 2015
Format: Hardback + eBook , 328 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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*** Special Promotion: Buy PRINT version (i.e. hard copy) will get FREE one year access to e-Book version ***

Without doubt construction is a global business as many construction companies are now venturing into other jurisdictions to compete for business as well as opportunities. Hong Kong although a relatively small place in area, nevertheless the construction industry has a major impact on gross domestic product and is a leading driver of economic growth and development. To understand the environment as well as having sufficient knowledge of how one mitigates potential risks through the various forms of dispute resolution methods and in particular arbitration is becoming important in one’s assessment of a project prior to tender.

This unique book, edited by James Kwan and Christopher To and written by well-known practitioners in the field, hopes to provide the readers with the practical knowledge and skills needed to understand the subject as well as to foster the promotion of a better dispute resolution culture in the construction industry often categorised as fragmented and disorganised.

It has also been developed to assist employers, contractors, sub-contractors, suppliers, lawyers, engineers, surveyors, architects, in-house counsel, academics and all those involved in the construction industry in identifying the appropriate dispute resolution mechanisms they can select to assist them in resolving potential disputes thus helping them save time and money in the decision making process. Construction Arbitration in Hong Kong: A Practical Guide is the only book in the market that offers readers valuable material for their decision making process. When it comes to dispute resolution, this is the book that every practitioners cannot afford not to have.

Chapter 1: Introduction: The Use of Construction Arbitration in Hong Kong
Chapter 2: Construction Arbitration
Chapter 3: The Construction Industry and its Proclivity for Disputation
Chapter 4: The Sources of Arbitration Law
Chapter 5: The Arbitrator
Chapter 6: Commencement of the Arbitration
Chapter 7: Jurisdiction
Chapter 8: The Proceedings – Preparation
Chapter 9: Interim and Partial Hearings
Chapter10: The Arbitral Award
Chapter11: Recognition and Enforcement of the Arbitral Award
Chapter12: The Future of Construction Disputes

James Kwan

James is a partner in the Dispute Resolution Group of Baker & McKenzie in Hong Kong. He leads the arbitration and construction disputes practice in Hong Kong. He specialises in infrastructure, engineering, and energy disputes. He has a range of international experience, having represented clients in arbitrations in Hong Kong, Asia, the Middle East, and Europe under the major institutional rules. He has acted for owners and contractors in arbitrations involving the construction of industrial plants, bridges, power plants, petrochemical facilities, airports, rail, and commercial and residential developments.
Named as one of the Hot 100 Lawyers of 2011 by Asian Legal Business, James was described as “a world leader in arbitration and construction law”, “has an intimate knowledge of the different arbitration models throughout the region” and “one of the finest international arbitration lawyers under forty in Asia”. James is also recognised as a leading arbitration lawyer in Asia Pacific Legal 500, Chambers Global and Asia Pacific, Practical Law Company’s Which Lawyer?, Euromoney’s Guide to the World’s Leading Arbitration Lawyers, Benchmark Asia Pacific, and Global Law Expert.
James is the author of chapters in Arbitration in China: A Practical Guide and Annotated Guide to the Hong Kong Arbitration Ordinance. He is a fellow of the Chartered Institute of Arbitrators and an inaugural member of the ICC Young Arbitrators Forum Asia Regional Committee. He also sits as an arbitrator and is on the LCIA, CIETAC, and DIAC panels.

Christopher Wing To LLB (Hons), BEng (Hons), LLM, MA, PCLL

Professor Christopher Wing To is a highly regarded and experienced international chartered arbitrator and accredited mediator and was the former Secretary-General of the Hong Kong International Arbitration Centre. He managed to elevate Hong Kong’s status as the regional dispute resolution hub of Asia by increasing the number of international dispute cases being referred to Hong Kong for amiable resolution as well as creating the Asian Domain Name Dispute Resolution Centre, a body that has gain international prominence within the dot.com community as a reliable, trustworthy, independent and reputable entity that manages domain name disputes. In recognition of his outstanding leadership and his contribution to the community, in 2001 he was honoured as the youngest Director of the Year in Hong Kong and in 2007 he was honoured as a Young Global Leader by the World Economic Forum. In 2013, he was named as one of the highly regarded mediators in the international “Who’s who” of commercial mediators by the Law Business Research Limited and is listed as an international arbitrator in a variety of organisations and institutions including the Juris Panel of Arbitrators.
Christopher holds qualifications in aviation, computing, engineering and law. He is a recognised authority on alternative dispute resolution techniques and has written more than ten books on the subject. He is a sought-after speaker/moderator at international forums and holds Adjunct Professorships from leading Universities as well as teaches at these establishments in the areas of alternative dispute resolution, construction law and international arbitration.