8th IBA Asia Pacific Regional Forum Biennial Conference: Vibrant Asia – Land of opportunity and promise

19 Feb - 21 Feb 2025

Session information

Concurrent session 6B: Statutory adjudication and beyond: comparative insights into construction dispute mechanisms across jurisdictions

Friday 21 February (1630 - 1745)

Description

Statutory adjudication is designed to provide a quick, flexible and efficient means of resolving payment disputes which may otherwise delay or disrupt the completion of a construction contract. In countries which have enacted legislation for statutory adjudication such as Australia, Malaysia, New Zealand, Singapore and the United Kingdom, the statutory process has become one of the primary methods of resolution of disputes for domestic construction projects. Hong Kong has recently taken a significant step by gazetting its Construction Industry Security of Payment Bill, and once enacted, aims to serve a similar purpose as other statutory adjudication regime. At the same time, countries such as India, Japan and Korea have navigated large scale construction and infrastructure disputes without the aid of statutory adjudication. Instead, these jurisdictions rely on other modes of alternative dispute resolution for resolving construction disputes. In this session, the speakers from Hong Kong, Malaysia and the UK will provide a comparative analysis of the statutory adjudication regime in their respective jurisdictions as well as the lessons learnt and the future of the regime. Thereafter, speakers from India, Korea and Japan will share insights into the various mechanisms available in their jurisdictions in dealing with construction disputes, the effectiveness of the same and how these have developed over the years.

Session / Workshop Chair(s)

Loshini Ramarmuty Ramarmuty SKRINE, Kuala Lumpur, Malaysia

Speakers

Calvin Cheuk Des Voeux Chambers, Hong Kong, Hong Kong SAR
Hangil Lee Bae Kim & Lee, Seoul, South Korea
Mohammed Shameer Trilegal, Bangalore, Karnataka, India
Kaori Sugimoto Nagashima Ohno & Tsunematsu, Tokyo, Japan