The SCL (Singapore) ISAF Joint Conference 2023 – Adjudication in the Age of Collaborative Contracting – was held on 21 September 2023 at the Grand Copthorne Waterfront, where ISAF unveiled its proposed Model Law on Statutory Adjudication and eminent professionals from more than six countries gathered to share experiences on collaborative contracting forms and reflect on avoidance and resolution of disputes in the context of statutory and contractual adjudication.

Chair of the International Statutory Adjudication Forum, Mr Chow Kok Fong, opened the conference with a sharing on how statutory adjudication has been demonstrated to be effective and cost saving for resolution of disputes. He further addressed how in complex projects, coupling the regime with a dedicated dispute resolution mechanism proved to be effective in resolving dispute efficiently.

Justice Philip Jeyaretnam, President of the Singapore International Commercial Court and Judge of the High Court of Singapore, graced the event as Guest of Honour. In his key-note address, Justice Philip addressed the complexification of disputes, and how collaborate contracting was a means to respond to the increasing technical, organisational, and documentary complexity of construction disputes. He also foresaw the development of substantial case law on relational contracts in subsequent years.

Experiences and reflections were then shared over four conference sessions.

Session 1 discussed the core policies considered in drafting ISAF’s model law on statutory adjudication.

Ms Karen Gough, Barrister of 39 Essex Chambers, chaired a panel comprising Mr Paul Starr (Partner, King & Wood Mallesons), Mr Ian de Vaz (Partner, WongPartnership LLP), Mr Sean Gibbs (CEO, Hanscomb Intercontinental), Dr Naseem Ameer Ali (Associate Professor, Massey University) and Mr Kevin Prakash (Partner, Messrs Kevin Prakash). The panel walked through the key themes of the model law, inviting input from the industry on the unveiled draft.

Session 2 was moderated by Justice Mary Lim Thiam Suan, Federal Court Judge of Malaysia, which explored the experience of adjudication practitioners from a range of common and civil law jurisdictions.

Mr Shintaro Uno (Partner, Nishimura & Asahi) reflected on Thailand’s push to adopt a statutory regime and on Japanese contractors’ experience that overly short timelines occasionally led to ambush tactics. Ms Yvonne Lim (Partner, Harry Elias Partnership) and Mr Lam Wai Loon (Partner, Harold & Lam Partnership) then reflected on the scope of the adjudication regime in Singapore and Malaysia. John Green (Managing Director, The ADR Centre) and Catherine Green (Director, The ADR Centre) shared on New Zealand’s experience as early adopters, and how simplicity was key in governing legislation. Christopher To (Barrister, Gilt Chambers) touched on training of adjudicators, and the advantages of adjudicators having a technical background.

Session 3 was an illuminating session on use of collaborative contracting alongside dispute adjudication boards, chaired by Mr Paul Sandosham (Partner, Clifford Chance Asia).

The panel walked through key philosophies in various collaboration driven model contract forms. Mr John Battersby (Group Managing Director, BKAsiaPacific Limited) touched on the NEC form and PSSCOC and Mr Paul Buckingham KC (Barrister, Keating Chambers) reflected on the IChemE form. Mr Seah Choo Meng (Senior Advisor, Surbana Jurong Private Limited) shared his experience on projects in Singapore that were effectively delivered through a collaborative contracting model and Mr Christopher Chuah (Partner, WongPartnership LLP) addressed Singapore’s Infrastructure Dispute-Management Protocol.

Session 4 turned attention to enforcement of statutory adjudication and dispute adjudication board decisions, which was moderated by Ms Claire Packman KC (Barrister, 4 Pump Court).

The panellists first shared the philosophy and experience on enforcement of statutory adjudication decisions across jurisdictions. Mr David Bateson (Arbitrator, 39 Essex Chambers) touched on Malaysia and Hong Kong, Mr Graeme Christie (Barrister, Bankside Chambers) addressed Australia and New Zealand, Mr Frederic Gillion (Partner, Pinsent Masons MPillay LLP) shared regarding Singapore and Mr Abdul-Lateef Jinadu (Barrister, Keating Chambers) reflected on the United Kingdom and South Africa. A discussion then followed on how dispute adjudication board decisions could be enforced as an interim award.

The conference closed with Mr Chow Kok Fong and Ms Kua Moon Yin (Chairman, SCL (Singapore)) reflecting on the ISAF’s journey towards unveiling of the model law and on the thought-provoking discussions through the day.

It was a day of insight and learning and concluded with a well-deserved evening of networking and drinks.

Click HERE to view more conference photos. 

Contributed by:

Chan Yong Neng - Partner, Pinsent Masons MPillay