HKA, Herbert Smith Freehills and 39 Essex Chambers are delighted to co-host a panel discussion on the use of dispute adjudication boards (DABs), covering their benefits, practical issues to consider, and whether there are better alternative methods of dispute resolution available.
DABs are a form of alternative dispute resolution and a common feature of major construction projects. They are a quick and effective means of conflict resolution without the need to resort to arbitration or litigation, which can be costly, time-consuming and inflexible.
Our expert speakers will consider various aspects of DABs, including:
• The DAB constitution and how it can be adapted outside the FIDIC context
• Pros and cons of DABs in forging resolution to disputes
• Effectiveness of DABs where legal, technical and commercial input is the key to successful resolution
• Use of DABs in Asia, and what the future holds
Our Panellists
International Arbitrator Member, 39 Essex Chambers (Kuala Lumpur)
Tan Swee Im is a Chartered Arbitrator and an international arbitrator member at 39 Essex Chambers, based in their Kuala Lumpur office. Her focus is on the construction, infrastructure and energy sectors with extensive experience ranging from the early procurement strategy stage, to contract drafting, advisory during the project life, through to dispute resolution. She has spent more than 30 years in these sectors in counsel and advisory roles, including having been seconded to the KL International Airport and Malaysia-Singapore Second Crossing projects, been an in-house counsel and founded a boutique legal firm in 1999. She is a fulltime Arbitrator and Adjudicator and Accredited Mediator. She is a panel arbitrator of various panels including the AIAC, SIAC, HKIAC, an Advocate & Solicitor of the High Court of Malaya, Barrister-at-Law (Middle Temple), FCIArb, FMIArb, FAIADR, FCIOB, FMSAdj, FDBF and holds a Diploma in International Commercial Arbitration. She is appointed as a member of the Asian International Arbitration Centre Advisory Council.
Partner & Head of Operations, Malaysia & Singapore
Shamila Neelakandan is a dual qualified Lawyer (Malaysia and UK) with 25 years of legal, contracts and commercial experience in the construction industry. In addition to her legal qualifications, she is also a Fellow with the Chartered Institute of Arbitrators and is an empanelled arbitrator with AIAC. Shamila commenced her career in 1996 as a lawyer focusing on dispute resolution in Malaysia. She acted as counsel in various disputes before High Court and arbitral tribunals in Malaysia, some of which involving international contractors.
Shamila was fortunate to further develop her career in international dispute resolution beyond her native Malaysia. She worked as a solicitor for Osborne Clarke in the United Kingdom in 2005 and then moved on to project consulting in 2007. In that time she was involved in, power generation and water desalination, oil & gas, and rail & infrastructure opportunities throughout Europe, the Middle East, Africa and Asia. Some of the key mega projects worked on include first of a kind projects such as the biggest power and water desalination plant in Kingdom of Saudi Arabia (Shuaibah), the Dubai Metro, UAE, Bosporus Crossing in Turkey, Kusile Power Plant, South Africa and two supercritical technology power plants in Malaysia. Some of these projects used Dispute Board resolution forums.
Shamila has through her experience on projects developed expertise in tender negotiations, procurement, commercial strategy and claims management. She continues to undertake advocacy work in consulting services through negotiations, presentations and case management services in dispute resolution.
Shamila previously had a regional role in HKA with a practice responsibility for the consulting group’s businesses in Asia, Middle East and Africa. She now heads the Malaysian operations and has a profit and loss responsibility within the business for the local region.
Shamila is a member of the Society of Construction law and is on the Roll of Solicitors, England & Wales (non practising). She is also a recipient of the Chevening Scholarship that was awarded by the Foreign and Commonwealth Office, UK to pursue a Master of Laws at King’s College, London in 2003.
Shamila is considered a thought leader in her field and regularly advises boards of directors of multi-national organisations around the world on project turnaround and financial recovery assignments. She is also a frequent public speakers and seminars and conferences in Asia. Her professional capacity aside, Shamila works with young achievers who are keen to make a difference in their professional, academic and communal life, which is something she finds very inspiring.
Quantum Expert, Principal and Head of Operations Hong Kong, HKA
Scott Ramsden is a quantity surveyor and construction professional with over 30 years of experience. He has acted as a quantum expert and assistant to the named expert on multiple occasions.
Scott has been cross-examined as a witness in mediation and arbitration proceedings. He has been appointed as an independent quantum expert in arbitral proceedings relating to offshore oil and gas, with disputed values of US$250 million. He has also acted as lead assistant for offshore oil and gas, power and infrastructure project disputes.
Scott has over 20 years of international experience, including 15 years working in the Middle East and Asia, as both a contractor and consultant. He has provided commercial management services to major international contractors and oil and gas companies and supports client with wide ranging strategic advice.
Scott’s sector expertise includes ports, mining, oil and gas, infrastructure, airports, buildings, power, and industrial projects. He has considerable experience in the preparation, defence, negotiation and settlement of contractual claims, and supports solicitors and barristers regarding commercial and contract management matters and dispute resolution services.
Scott is a fellow of the Chartered Institute of Arbitrators and an associate member of the Chartered Institution of Civil Engineering Surveyors. He holds a master’s in construction law and arbitration and a diploma in quantity surveying.
Partner, Hiswara Bunjamin & Tandjung
Narendra leads the Dispute and Arbitration and Employment team at Hiswara Bunjamin & Tandjung. His clients represent a wide variety of industry sectors, including the energy, mining, manufacturing, and financial sectors. He has more than 15 years’ experience helping clients navigate complex dispute, arbitration, and employment law matters. Narendra has significant experience in commercial arbitration under the rules of Indonesia’s National Arbitration Board (BANI), Singapore International Arbitration Centre (SIAC), and the International Chamber of Commerce (ICC). In 2019 he was appointed Regional Ambassador for HK45, the young arm of the Hong Kong International Arbitration Center (HKIAC). He is a member and fellow of the Chartered Institute of Arbitrators (CIArb).
Of Counsel, Herbert Smith Freehills
Dan’s practice focusses on complex international cross-border disputes, including international arbitration, with significant experience advising clients in the construction, infrastructure, and energy sectors. Dan regularly appears as counsel in complex arbitrations under a range of institutional rules, including the ICC, LCIA, and SIAC, and in ad hoc arbitrations, including as an advocate for both interim applications and substantive merits hearings. Dan also advises on arbitration related court proceedings including jurisdictional challenges, set aside applications as well as enforcement proceedings. Dan has also been appointed as arbitrator by institutions such as the SIAC.
Should you have any questions please contact CrystalLim@hka.com.
