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.
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
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