Construction Dispute Prevention and Resolution in Hong Kong 2016 (e-book only)

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Construction Dispute Prevention and Resolution in Hong Kong 2016 (e-book only)

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In partnership with Hong Kong Construction Arbitration Centre, Thomson Reuters / Sweet & Maxwell are proud to present a reliable and comprehensive authority on construction law and the dispute resolution process in Hong Kong.

A practical guide with academic thought-leadership

Presenting real-world scenarios and solutions in the pursuance of a better practice of construction dispute resolution:

• The official records from HKCAC HKU Conference on "Construction Dispute Resolution in Hong Kong". Government officials like the Secretary for Justice, Mr. Rimsky Yuen, JP SC and Ir Chan Chi Ming, the former Deputy Director of the Development Bureau, and experienced practitioners and high-ranking professionals such as Dr. Simon Chee, Mr. John Cock, Mr. Danny McFadden and Sr Alan Donnet amongst others, demonstrate practical challenges and resolutions through the highlights and breakdown of each presenter's speech

• The most up-to-date industry and market trends. Recent developments through 2016 in Hong Kong construction dispute prevention and resolution – calling for a total rethinking on the revamp on process design, specialized practice rules, essential competence and proficiency of dispute resolution professionals

• Stay one step ahead! Dive into the new Hong Kong Security of Payment Legislation before it’s 2017 release

This practical and useful treatise takes you through both academic and real-world exercise to resolve real-world problems.
SECTION I – THE OFFICIAL RECORD OF THE CONFERENCE

Chapter 1 THE CONFERENCE
1.1 Synopsis
1.2 The Opening Address (Dr. Simon Chee)
1.3 The Keynote Speech (The Secretary for Justice, Mr. Rimsky Yuen, JP SC)
1.4 PART A – LATEST DEVELOPMENT IN CONSTRUCTION DISPUTE RESOLUTION
1.4.1 The Government’s Approach as an Employer and Construction Industry “Promoter” (Mr. Chan Chi Ming)
1.4.2 The Construction Professionals’ Approaches (Mr. John Cock)
1.4.3 The Contractors’ Perspectives (Mr. Alan Donnet)
1.4.4 The Emerging, Integrative Approach (Dr. Simon Chee)

1.5 PART B – FEATURES OF DIFFERENT DISPUTE RESOLUTION PROCESSES IN CONSTRUCTION DISPUTES
1.5.1 Excelling Construction Arbitration under the Cap. 609 Arbitration Ordinance (Mr. Leung Hing Fung)
1.5.2 Specialising Mediation for Construction Disputes (Mr. Danny Mcfadden)
1.6 Closing Remarks (Mr. Paul Chan)

SECTION II – THE MARKET UPDATE

Ch. 2 THE MARKET TREND

Ch. 3 DISPUTE PREVENTION
3.1 General Trend
3.2 The Dispute Resolution Clause
3.3 Dispute Avoidance and Resolution Advisor System

Ch. 4 THE SECURITY OF PAYMENT LEGISLATION IN HONG KONG
4.1 The Development
4.2 Implications to Industry’s Practices
4.2.1 Main Contract
          Pay-when-pay, Pay-when-certified
          Payment Due Day
          Statutory Right to Adjudicate
          Payment Notice and the Relevant Right to Adjudicate
          Interim Certificates
          Likely Effect on Contract Administration with Statutory Adjudication
          Adjudicable Disputes
          Payment Claims and Payment-Related Claims

4.2.2 Sub-Contract
4.2.3 Consultancy Contract
4.2.4 Consumer Market
4.3 Construction Adjudication
4.3.1 Generally
4.3.2 Adjudicator’s Role under Contract and SOP

CHAPTER 5. THE WAY FORWARD

APPENDIXES
1. About Hong Kong Construction Arbitration Centre, Limited
2. The HKCAC Dispute Resolution Clauses 2015
3. The HKCAC Construction Arbitration Rules 2015
4. The HKCAC Construction Mediation Rules 2015
5. The HKCAC Construction Adjudication Rules 2015

REFERENCE
Chief Editor, Author

Dr Chee Wai Hung, Simon

Editor

Mr John Campbell

Contributors

Dr Chee Wai Hung, Simon

Ir Chan Chi Ming (Deputy Secretary for Development (Works))

Mr John Cock (Partner, EC Harris)

Sr Alan Donnet (Ex. Director, Dragages)

Mr Leung Hing Fung (Barrister, A. Professor (HKU))

Mr Danny McFadden (CEDR Regional Representative Asia Pacific)

and others

with Keynote Speech of the Conference by

Mr Rimsky Yuen, SC, JP, the Secretary for Justice