CIArb and the Adjudication Society have updated their joint Adjudication Guidelines, applying to adjudication in England, Wales and Scotland. The Guidelines are designed to assist not only practicing adjudicators, but also parties and party representatives encountering adjudication under the Housing Grant, Construction and Regeneration 1996, and the subsequent Local Democracy Economic Development and Construction Act 2009.
This webinar is a chance to hear directly from some of those who drafted the Guidelines discuss what they set out to provide, how they can be utilised, and what the wider implications of the current COVID-19 crisis may be for adjudication generally.
Ciaran Fahy C.Arb FCIArb - Chair, Adjudication Sub-Committee
Jeremy Glover FCIArb - Partner, Fenwick Elliott
Matt Molloy FCIArb - Director, MCMS
Susan Francombe FCIArb – Barrister, Arbitrator & Adjudicator, Adjudication Society
Kim Franklin QC C.Arb FCIArb – Barrister, Chartered Arbitrator & Construction Adjudicator, Crown Chambers
Moderator: Lewis Johnston ACIArb - Head of Policy and External Affairs, CIArb
Cost(s): Attendance to this event is free of charge for CIArb members and non-members, but pre-registration is required.
Ciarán Fahy trained as a civil engineer and is a Chartered Engineer, a Fellow of Engineers Ireland and a Registered Consulting Engineer with the Association of Consulting Engineers of Ireland. He has been in private practice since 1985.
Since 2003 Ciarán Fahy has worked extensively in all areas of dispute resolution as arbitrator, conciliator, mediator, expert and adjudicator; in Ireland, he is currently acting as standing conciliator on several projects both civil engineering and building – including the New Children’s Hospital. He has acted as DRE (Dispute Review Expert) on projects in the Ukraine and in Ethiopia.
He is a Chartered Arbitrator and an Accredited Mediator. He is a former Chairman of the CIArb Irish Branch 2008 – 2009 and is also a former Chairman of the Dispute Resolution Board at Engineers Ireland 2009 – 2015. He has served on the ICC Irish National Committee and is currently a member of the ICC Commission on Arbitration and is a member of the CIArb Practice and Standards Committee. He is on the Irish Ministerial Panel of Adjudicators and the FIDIC President’s List of Adjudicators.
Ciaran Fahy has lectured extensively on dispute resolution matters and was largely responsible for the drafting of the Engineers Ireland procedures for arbitration, mediation and expert determination. He has co-authored 2 significant papers on the Irish Public Works form of contract.
Jeremy is a partner at Fenwick Elliott LLP , the UK’s largest construction law firm and is listed as a leader in his field in Who’s Who Legal: Construction 2020. He has specialised in construction energy and engineering law and related matters for most of his career. An accredited adjudicator, he advises on all aspects of projects from initial procurement and strategic project advice to dispute avoidance and resolution. Jeremy is the co-author of Understanding the FIDIC Red and Yellow Book: A Clause by Clause Commentary, the third edition of which was published in 2018, and lead editor of Building Contract Disputes: Practice and Precedents. He also edits Fenwick Elliott’s monthly legal bulletin, Dispatch and their International Quarterly. Jeremy is a member of the Board of Examiners on the Construction Law MSc programme at King’s College, and teaches on the MSc Building Information Modelling Management Programme at Middlesex University. He is the President-Elect of the Executive Board of Region 2 of the DRBF and also sits on the CIArb Adjudication Sub-Committee.
Matthew is an experienced dispute resolver and has been appointed in over 700 construction and engineering disputes as either adjudicator, arbitrator, mediator, expert determiner, Conflict or Dispute Avoidance Panel/Board member. These disputes have concerned a number of high profile projects both within the UK and overseas, and have involved complex technical and legal issues in a variety of sectors, including education, private and public housing, offices, hotels and leisure, sports stadia, roads and infrastructure, utilities, energy and process engineering.
Matthew is on the RICS, TeCSA, CIArb, CEDR, CIC, CIOB and RIBA panels of adjudicators as well as the Irish government panel of construction adjudicators and is also on the CIArb panel of construction arbitrators, the RICS select panel of construction and engineering arbitrators and has been appointed by the ICC and DIFC-LCIA in relation to international arbitrations. Matthew is frequently named and agreed by parties and their representatives to act as dispute resolver both before and after disputes have arisen. Matthew’s work as a mediator predominantly concerns construction and property related disputes including multi-party disputes, disputes involving public and private bodies, private individuals and insured professionals.
Professional Qualifications • Barrister • Fellow of the Royal Institution of Chartered Surveyors • Fellow of the Chartered Institute of Building • Fellow of the Chartered Institute of Arbitrators • Chartered Arbitrator • CEDR Accredited Mediator Academic Qualifications • Bar Vocational Course • Post Graduate Diploma in Law • Diploma in Arbitration • Diploma in International Arbitration • MSc Construction Management (University of Bath) • BSc (Hons) Quantity Surveying (University of Greenwich)
Matthew is a member of the Society of Construction Law, the Adjudication Society, ARBRIX, the Arbitration Club (Law Courts Branch), the LCIA and the Society of Construction Arbitrators. He is a Court Assistant of the Worshipful Company of Arbitrators. He is a Course Director/Tutor for the RICS Diploma in Adjudication, acts as moderator and assessor for the RICS Diploma in Arbitration (Domestic and International) and Chair of Adjudicator, Arbitrator, Fellowship and Chartered Arbitrator assessment panels for the RICS and CIArb. Matthew has also acted as Honorary Secretary of CIArb London Branch and has served on and/or chaired the RICS Dispute Resolution Faculty Board, Dispute Resolution Policy Committee and a number of RICS, CIArb and CIOB Working Groups. Matthew regularly conducts training and gives lectures/presentations on construction law and dispute resolution topics and is on the Editorial Consultation board of Practical Law.
After a varied career as a civil engineer, with highlights including building a motorway service station on a rubbish tip (yes, it did smell), designing a camel bridge that was built in Qatar (no, that’s not a joke) and working on one of the largest tunnelling projects in Europe (the Jubilee Line Extension) Susan discovered an interest in the law. After several years of evening and weekend study she was called to the Bar.
Following a short spell working at a City law firm, she headed back to the business of building, spending time in the thick of it with architects, insurance companies and consultants. Susan finally ended up spending 10-years at Laing O’Rourke dealing with contracts and construction disputes.
She now works as an adjudicator, arbitrator and consultant, making full use of the knowledge gained from over 30-years’ experience in the construction industry.
Susan is a Fellow of the Chartered Institute of Arbitrators (FCIArb), a Member of the Institution of Civil Engineers (MICE), a Chartered Engineer and a Barrister. She is a member of various ICE committees including the Law and Contract Management Examination Committee and the Honorary Secretary of the Adjudication Society.
She is a keen motorcyclist with an eye for Italian style and helped to set-up a national women’s motorcycle club.
A well-regarded QC, Kim is a recognised specialist international lawyer in the construction and engineering infrastructure sectors, focussing on major projects and the resolution of technically complex disputes in international arbitration.
Acting as co-arbitrator, sole arbitrator and tribunal chair, Kim has conducted numerous arbitrations under ICC, ADCCAC, DIAC and UNICITRAL rules in the UK, UAE, GCC and MENA countries. She also acts as DAB member and Construction Adjudicator for complex UK disputes.
Appointed Queen’s Counsel in 2016, Kim has a flair for big, technically complex and document-heavy disputes, often involving project delay, PFI and FIDIC contracts. She has a reputation for sound strategic judgment and good case management.
‘A true construction expert, especially good on international cases’
‘Very thorough and brings sense to document-heavy cases without any fuss’
Chambers & Partners
‘Clever, practical and no-nonsense’
‘Terrific with clients’
Crown Office Chambers
2 Crown Office Row
Tel: +44 (0)20 7797 8100
Lewis Johnston has been the CIArb Head of Policy since April 2018. In that time he has led on the Institute’s Government engagement work around the world, and in 2020 he took responsibility for the CIArb Dispute Appointment Service. Prior to joining CIArb, Lewis worked in housing and infrastructure policy as Parliamentary Affairs Manager at RICS. He has a Masters in International Development & Security and previously worked for a senior Government Minister.