CIArb’s Policy department was proud to host this online event on 25 August 2021.
When it was introduced 25 years ago, adjudication was intended to provide a quick-fire, low-cost mechanism for resolving construction disputes. Since that time, concerns developed that the process was becoming a prohibitively expensive option for dealing with lower value disputes. Some argue that adjudication needs to get ‘back to basics’ to continue to be relevant to such smaller disputes, and in 2020 the introduction of the Construction Industry Council (CIC) Low-Value Dispute Model Adjudication Procedure (LVD MAP) was a conscious attempt to cater to disputes below £50,000.
This webinar examined how adjudication and ANBs can be made an attractive option for lower value disputes. Specifically, our panel of experts will explore:
How Adjudication has typically been perceived by parties to smaller disputes
How the CIC low-value dispute scheme operates and how it seeks to cater to lower value disputes
Ways in which adjudication can be further simplified to reduce costs for low-value disputes
Whether ANBs can do more to make adjudication a viable option for smaller disputes
This event was open to both CIArb members and non-members.
Assistant Director of Policy and External Affairs, CIArb
Lewis joined the Chartered Institute of Arbitrators in 2018. He has responsibility for the Institute’s policy development and influencing strategies across all aspects of Alternative Dispute Resolution (ADR), including international commercial arbitration, civil justice reform, mediation and conflict avoidance. He also oversees the Research team, developing insights and fresh thinking across the discipline and managing the publication of The International Journal of Arbitration, Mediation and Dispute Management.
Before joining CIArb Lewis was Parliamentary Affairs Manager at RICS where he led on standards adoption strategies with Government. He obtained an MSc in International Development and Security from the University of Bristol, and prior to the 2010 General Election worked as Campaign Coordinator for the then Minister for Health Mike O’Brien QC.
Hayley is Director of Membership Services at the Federation of Master Builders (FMB). The FMB was established in July 1941 by 15 small builders in London who shared a passion for quality construction and has grown to a membership of 7,500 across the whole of the UK. Builders who can meet the FMB’s strict entry criteria are able to access a range of services to help them run their businesses, and benefit from FMB’s work to protect their interests through lobbying and campaigning work.
Hayley is responsible for delivery of FMB’s services. This includes Legal Advice, support with HR and an Alternative Dispute Resolution Service, all supported by expert advisors manning the phone lines, an online document library and bespoke e-learning courses, as well as FMB’s suite of easy to use contracts, which we believe are the best in the building industry!
Hayley has worked at the FMB since 2001, and was previously Southern Region Director, and Head of Training. Since 2005 she has also been responsible for FMB’s Investors In People accreditation.
Before joining the FMB Hayley worked in special needs education and Market Research, she gained her degree in Social Science, and Post Graduate Management Diploma both through the Open University, which has made her a champion of lifelong learning for all. Normally based at the FMB’s Leeds office, Hayley lives in York, having relocated from London 4 years ago.
Matthew is an experienced dispute resolver and has been appointed in over 800 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
Marcus Cato MICE, CEng, FCIArb is Honorary Secretary of the South East Branch, Co-Chair of CIArb Board of Management and Non-Executive Member of the Rwandan Branch Committee. He has over 25 years’ experience in international construction and engineering disputes resolution, practicing certified commercial mediator and qualified arbitrator - operating internationally throughout East Africa, South Africa, and the UK. Marcus has over 20 years’ experience in working as both party representative and managing adjudication disputes for large and small clients in all aspects of construction and process engineering.
Peter is a dual qualified construction professional and barrister he has 40 years’ experience in the construction industry and has worked as legal adviser on major projects around the world. According to The Legal 500 UK Peter has acted in several international multimillion-pound disputes, he “stands out as being a specialist” and is recommended as “extremely knowledgeable, tactical and reliable”. After 15 years working in the construction industry, Peter was called to the Bar in 1994 and was self employed in Chambers from 2000.
Peter has acted in a wide variety of construction, building, civil engineering, rail, road, tunnelling, dam construction, mechanical and electrical engineering, water and sewage engineering, power, process plants, clean room and IT disputes, as well as in professional negligence matters involving architects, building surveyors, quantity surveyors, civil engineers, M&E engineers and project managers.
Peter has significant experience of FIDIC, JCT, ICE, NEC, IChemE, IMechE and EPC contracts both in the UK and internationally as well as PFI and PPP experience both in the UK and internationally. Peter negotiated one of the first PFI Hospital projects in the 1990’s and since then has been involved in a number of disputes over PFI and PPP infrastructure arrangements both in the UK and Internationally.
Peter has been appointed to the FIDIC Contract Committee responsible for drafting the suite of FIDIC Contracts.