This event will comprise two parts. The first part of the event will focus upon the terms of appointment of the Adjudicator, including an interactive discussion as to the provisions which should be addressed in the Adjudicator’s terms and those provisions which, due to their undesirable nature, should not. The second part will discuss the hot topic of the allocation of the Adjudicator’s fees and expenses amongst the parties.
Moderators: Matt Drake, FCIArb; Janey L. Milligan, LLM FCIArb FRICS; Nikki Sharp, FCIArb FCILEx LLB; Paul Jensen, FRICS FCIArb.
All times listed are in British Summer Time (GMT+1).
Let’s Discuss is a new series of virtual events brought to you by Ciarb. The series is free for Ciarb members.
Throughout 2023 we will be running a series of virtual events, hosted by members for members. These will get under the skin of the things that really matter in alternative dispute resolution (ADR) around the world and talk about the issues that matter to you. They will be a great opportunity to learn, discuss and meet new connections.
This years’ Lets Discuss series will be centred around several key areas: adjudication, mediation, technology, and diversity and inclusion.
Each area will have a several events, spread throughout the year, each focusing on a relevant topic. It’s up to you, our members to decide, what those topics will be. Join us for the Let’s Discuss sessions and influence the conversation with your ideas, learn from fellow ADR professionals and shape the future discussion around topics that matter to you.
We will confirm events as we go through the year to ensure they are always based on the most relevant issues of the moment.
Janey has worked in the construction industry for 40 years initially qualifying as a Chartered Quantity Surveyor in 1985. She worked in various organisations in private practice and lectured at Glasgow Caledonian University in Building Contracts and Construction. She is Managing Director of Construction Dispute Resolution which she founded in 1997 and since then has specialised in construction dispute consultancy. Janey is a qualified Arbitrator, Adjudicator & accredited Expert Witness; with an impressive track record in all areas.
Janey is regularly appointed or agreed as Adjudicator and is on the CIArb, RICS, RIBA. CIArb, CIOB, CIC, Scottish Building and HKIAC panels of Adjudicators. Since the introduction of statutory adjudication, she has issued hundreds of Decisions. She is also on the CIArb and RICS Panel of Arbitrators and has issued several Awards on construction issues.
Janey has carried out expert witness appointments in relation to liability, quantum and damages in construction contract claims for extension of time, loss and expense; contract administration and measurement matters. This has been on a variety of complex building, engineering and renewable energy sector projects. Janey particularly specialises in the roles and liabilities of the design and construction team and has given expert evidence in relation to professional negligence matters on a number of occasions.
Janey is a past Chairman of the Royal Institution of Chartered Surveyors in Scotland (2007-2008) and continues to sit on various RICS and CIArb committees and working groups promoting good practice in the industry. She was a Director of the Scottish Arbitration Centre from March 2011 until December 2022. She currently sits as Independent Complaints Reviewer for SafeDeposits Scotland.
Janey continues to lecture and tutor on various professional bodies courses and conferences on dispute resolution topics.
Paul Jensen is a Chartered Quantity Surveyor, Arbitrator and Adjudicator with over 30 years' experience dealing with construction disputes and contracts. Since 1998, he has been the Managing Director of Paul Jensen Associates, Construction Contracts Consultants and Arbitration Specialists.
Paul trained as quantity surveyor in professional firms and became a member of the RICS in 1968. After qualification held the post of chief estimator and quantity surveyor in a medium sized Construction company for 14 years. During this period developed an interest in the legal aspects of the construction industry and as a result studied law and became a barrister. Previous position was with an international company of Construction Contract Consultants for 16 years rising to Deputy Managing Director.
Nikki Sharp completed her law degree at the University of Liverpool, following which she completed a Masters Degree in Construction Law and Dispute Resolution and the Bar Professional Training Course. Nikki has since become a Fellow of the Chartered Institute of Arbitrators, a Chartered Legal Executive and a Solicitor. She is a Fellow of the Chartered Institute of Legal Executives, member of the Law Society of England and Wales and member of the Honourable Society of Lincoln’s Inn. Nikki is the first female Chair of the Ciarb North West branch and is on the UK Adjudicators' adjudicator panel.
Nikki is the director at Halsall Sharp Limited and practices as a construction lawyer advising employers, contractors and subcontractors. She has participated as party representative in adjudication, mediation and arbitration proceedings in relation to disputes concerning interpretation of contracts, payment, breach of contract and professional negligence.
Kim Franklin KC is a recognised independent international arbitrator specializing in the construction, engineering and infrastructure sectors, focussing on major projects and the resolution of high value, technically complex disputes involving project delay, PFI and FIDIC contracts.
Since taking silk in 2016, she acts predominantly as arbitrator, dispute board member and adjudicator, resolving disputes arising from complex projects in international arbitration, dispute boards and as UK construction adjudicator.
A Chartered Arbitrator since 2000, Kim acts as party appointed, sole arbitrator and Tribunal Chair for arbitrations under institutional rules, including ICC, ADCCAC and DIAC in the UAE and GCC with experience of the ICC Expedited Procedure and as Emergency Arbitrator.
An accredited adjudicator with the Ciarb, TeCSA, TECBAR, RIBA, and IChemE, Kim has a reputation for clarity, strong case management and sound strategic judgment.