IPBA 2021

Construction Law in Focus, Part 2: Contractors’ Rights and Obligations

Organised by: International Construction Projects Committee

Session abstract:

This interactive panel discussion will consider the following issues (among others) from a multi-jurisdictional perspective with particular attention to material distinctions between civil and common law approaches:

  • Obligations concerning the quality and quantity of the works;
  • Programming and time – rights to extensions of time;
  • Claims – including notice requirements and time bars.

s

Alfred Wu
Partner
, Norton Rose Fulbright Hong Kong
Hong Kong

Alfred is highly experienced in handling a broad range of contentious and non-contentious construction and engineering matters representing international, China and Hong Kong based clients which variously include government departments, statutory bodies, employers, engineers, architects, contractors and subcontractors. Alfred also represents clients in construction-related criminal investigations and prosecutions. Alfred also regularly takes on appointments as arbitrator for construction related and other commercial arbitrations.

Alfred is Co-Chair of the International Construction Projects Committee of the Inter-Pacific Bar Association 2020-2022, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Hong Kong Institute of Arbitrators, and a Companion Member of the Hong King Institution of Engineers, an HKIAC Accredited Mediator, a member of the HKIAC List of Arbitrators and a panel arbitrator of the AIAC and KCAB.

Alfred is qualified to practice law in Hong Kong, England and Wales and Ontario, Canada. Prior to his legal qualifications, he was a civil engineer with a leading international firm of geotechnical consultants, having obtained his B.Sc. and M.Sc. degrees in engineering in the UK and Canada respectively.

Mirella Lechna
Attorney at law, Partner
, Wardynski & Partners
Wrocław

Mirella Lechna practices public procurement law and advises on implementation of public development projects, and road and rail transport.

She advises on greenfield and brownfield projects and on development projects for public use, such as road and rail transport, port infrastructure, waste management, IT infrastructure, and the energy sector. She represents contractors at all stages of proceedings for award of public contracts, including proceedings before the National Appeal Chamber. She advises on public projects carried out under the traditional public procurement approach as well as ventures pursued as public-private partnerships or concessions. She has experience preparing and implementing projects based on FIDIC contract terms. She also advises on regulatory matters involving rail and road transport.

Mirella Lechna is a law graduate of Adam Mickiewicz University in Poznań and completed postgraduate studies on environmental protection and the CITES Washington Convention. In 2019 she began doctoral studies at the University of Nottingham School of Law.

She is involved in development of best practices for public projects as a member of the Public Procurement Council at Polish Confederation Lewiatan. She is a member of the Inter-Pacific Bar Association, where she is vice chair of the ICP Committee, and a founding member of the Polish Public Procurement Law Association.

Speakers

Vyapak Desai
Head, Int’l Dispute Resolution and Investigation
, Nishith Desai Associates
Mumbai

Vyapak Desai heads the International Dispute Resolution and Investigation Practice at the multi-skilled, research and strategy driven international law firm, Nishith Desai Associates. A senior attorney with the firm, Vyapak specializes in bringing in the highest level of analytical input in cross border, complex contentious matters while also leading the Corporate and Securities practice at the firm focusing on insolvency and corporate laws.

Vyapak’s vast experience in legislation includes representing clients as Counsel in a host of complex litigation and arbitration cases including investment treaty arbitrations, commercial disputes Known for his reasonable, pragmatic and solution-oriented approach, he is also a trained mediator/conciliator and acts as Arbitrator across international jurisdictions such as London, Singapore, Malaysia and India. Vyapak has cultivated expertise in highly sensitive investigation/white collar crime matters advising the Board of Directors and senior management in dealing with internal and regulatory inquires arising out of fraud, manipulation of accounts, non compliance of laws and policies etc.

Vyapak is the Co-chair-council of MCIA, Director of CIArb India Branch, Convener – Indian Arbitration Forum (IAF), member of ICC India Group, Advisory Board at MARC, Mauritius, Member of IBA, IPBA and the Bar Council of Maharashtra & Goa.

He is listed as highly recommended lawyer in prime directories like Legal500, Chambers&Partners, Benchmark Litigation, Asia law profies and others. He has also been listed on the Panel of Arbitrators of SIAC, AIAC LCIA, THIAC, NCDEX (SEBI), and BVI IAC.

Rosa Isabel Peña Sastre
Partner
, Roca Junyent
Barcelona

Rosa Isabel is partner and Director of the Public Law Department of ROCA JUNYENT. She has more than twenty-six years of experience in all sorts of activities related to public law, both in the administrative procedures and litigation, especially on public procurement, primarily in public works, infrastructure and public services, in urban planning law and environmental law. She also has extensive experience in expert consulting, negotiating and preparing contracts as well in legal proceedings involving all types of law related to property, subsoil and building expansion. She runs the Dutch desk of the Firm.

She is Vice-President of the Environmental Law Committee of the Interpacific Bar Associaton and vice-President of the Administrative Law Commission of the Union Internacional des Avocats (UIA).

She has published several articles on matters related to Public Law and has been interviewed by two legal magazines.

Besides, she teaches at Open University of Catalunya and she is co-author of two books about Administrative Law matters.

She was awarded in 2014 with the AIJA Past President’s award. She has been recognized by Best Lawyers 2020 and 2021 in the field of Land Use and Zonning Law in Spain and by Legal500 as recommended lawyer in Spain for Public Law.

Philip Trevor Nunn
Consultant
, Norton Rose Fulbright Hong Kong
Hong Kong

Philip Nunn is a dispute resolution and litigation lawyer based in Hong Kong for over 40 years.

Philip handles an extensive range of general commercial litigation and arbitration. His arbitration experience includes both domestic and international arbitration. Clients he has represented include government organisations, Hong Kong listed companies and professional services organisations.

In addition to his commercial litigation practice, he has a special focus on construction litigation and arbitration for clients which variously include government departments, statutory bodies, employers, engineers, architects, contractors and subcontractors. Philip also represents clients in construction-related criminal investigations and prosecutions. He is experienced in handling both contentious and non-contentious construction matters.

Philip is also a very experienced arbitrator and has been appointed as arbitrator in over a hundred cases over the last two decades, mainly in construction related cases.

Philip is qualified in Hong Kong and England and Wales. He is a Solicitor-Advocate in Hong Kong with a right of audience in the Hong Kong Courts.
Philip was awarded the Bronze Bauhinia Star in 2004. He is a Justice of the Peace and a Fellow of the Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators . He is also a HKIAC Accredited Mediator, a member of the HKIAC and CIETAC Panel of Arbitrators and a member of the Korean Commercial Arbitration Board Panel of Arbitrators.