June 2019 • Issue No. 40

Upcoming Events

Date Title
3 July 2019 Cost and Time Blowouts (and Major Disputes) on Large Construction Projects
17 July 2019 Collaborative Contracting - Challenges and Opportunities
22 August 2019 SCL(S) 11th Annual Dinner and AGM 2019
11-12 September 2019 SCL (Singapore) – 2nd Focus on Asia Conference 2019


View details of
SCL(S) Council 2018-2020

 Click here

Welcome to new SCL(S) Members

April 2019 to June 2019
1. Kent Phillips
2. Tuck Huei Wong
3. Weijian Teo
4. Jeriel Lam
5. Vijayakumar Chandrasekaran
6. Ee-Von Teh
7. Adam Gregory
8. Irfan Muzzammil
9. David Park
10. Xide Low

Post Event Updates

Evolution of Dispute Resolution Contractual Provisions in Standard Forms For Construction and Engineering Contracts

(27 March 2019)


Networking Cocktail 2019

(14 March 2019)


Annual Construction Law Update 2019

(28 January 2019)



Co-Editor's Message

Dear SCL(S) members,

April showers are said to bring May flowers. Perhaps that applies to budding principles of construction law as well.
In May 2019 alone, there appear to have been some 4 significant reported decisions by the Singapore Courts, including 2 by the Singapore Court of Appeal.
In the past months, my co-editor Ashok and I have been very pleased to see more people putting their hands up and coming forwards with articles on construction law. In this edition of the newsletter, we have a piece dealing with the Singapore Infrastructure Dispute-Management Protocol, the latest guidance aimed for use on "mega" construction projects. I will leave readers to decide whether they agree, as the authors suggest, it is both innovation and imitation.
In an example of what must be "true" concurrency with the aforementioned article, yours truly will soon be chairing a session with Messrs Simon Bellas and John Cooper from Jones Day, in which they will be sharing their thoughts on Cost and Time Blowouts (and Major Disputes) on Large Construction Projects (03 July 2019). I am very much looking forward to that session and look forward to seeing those of you who are attending.

Kelvin Teo
Co-Editor, SCL (Singapore) E-newsletter


For more details and to secure your place, please REGISTER ONLINE. Alternatively, simply download the brochure HERE and return the completed registration form and e-mail to secretariat@scl.org.sg or fax to +65-62259426. Deadline for registrations is 4th September 2019!



SCL(S) Survey on Expert Joint Statements in International Arbitration

We would like to invite you to participate in a survey conducted under the auspices of the Society of Construction Law (Singapore).

Your participation is greatly appreciated as it will help us gain valuable insight as to issues including: market demand for guidance on the production of Expert Joint Statements; the key areas such guidance should address; and any challenges faced by the various users and stakeholders, including experts, clients, arbitrators and lawyers.

Your responses will be kept confidential and will be kept within the team collating and reviewing the responses received. Responses will not be attributable to you personally or to your organisation.

The survey results will be anonymised and a summary of the survey findings will be published. These findings will help facilitate research and discussion, and thought leadership, in this area.

The survey will take 15 minutes to complete and is intended to remain open until 30 June 2019.

To participate, please click on this link: https://survs.com/survey/1t9u27jb6f.

Please also feel free to share this survey with your colleagues within your organisation.

Thank you.

If you have any questions, please do feel free to contact:

Kelvin Teo, Council Member, SCL (Singapore) (Clifford Chance Asia/Cavenagh Law LLP): kelvin.teo@cliffordchance.com ; or

Xide Low (Clifford Chance Asia): xide.low@cliffordchance.com



The Singapore Infrastructure Dispute-Management Protocol – Imitation And Innovation?

The Singapore Infrastructure Dispute Management Protocol (the 'SIDP') was launched by the Ministry of Law in October 2018.
Recommended for large infrastructure projects of greater than S$500 million in value, it is a framework which can be incorporated into parties' contracts that provides for a 'standing' Dispute Board (i.e. to be engaged at the start of a project and which will remain in place for its duration).
Dispute Boards have been used as a method of avoiding and resolving disputes in the infrastructure sector for over forty years. They are contractually formed panels of neutral individuals engaged with the primary function of assisting in the swift and cost-effective avoidance (if possible) and resolution of disputes (without the need to resort to more expensive and time-consuming arbitration or litigation).
They first hit the headlines on the Eisenhower Tunnel Project in Colorado in 1975, where a 'Dispute Review Board' which could give non-binding recommendations was considered a resounding success. They became widely used in the US and the concept soon spread internationally.
The Fédération Internationale Des Ingénieurs-Conseils ('FIDIC') famously released versions of its contracts in the 1990s which introduced 'Dispute Adjudication Boards'. FIDIC's approach has since evolved and the latest FIDIC 2nd Edition contracts deploy standing boards in the form of a Dispute Avoidance/Adjudication Board which places a greater emphasis on the board's early dispute avoidance role.

Contributed by: Rakesh Nelson - MPillay; Sean Hardy - Pinsent Masons MPillay


Latest Post Event Updates

The Use of Tribunal-Appointed Experts in Construction Arbitrations

(24 April 2019)

The highlight of the seminar must have been the cautionary tale of the arbitration that nearly went awry thanks to warring party-appointed experts only to be saved by the tribunal appointed expert. The case studies used amply illustrated that the option of a tribunal appointed expert will likely remain infrequently used but that it can be a powerful remedy to sticky situations in an arbitration when the evidence before...

Contributed by: Ashok Kumar Rai & Eversheds Harry Elias



Newsletter Editors: Ashok Rai & Kelvin Teo 

Society of Construction Law (Singapore)

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