SCL CONSTRUCTION LAW CONFERENCE 2016 CONSTRUCTION LAW IN SINGAPORE A SPECIAL CASE Thursday, 4 August 2016, 9.00 a.m. to 7.30 p.m. Legends Ballroom, Hotel Fort Canning, 11 Canning Walk Singapore 178881 About this Conference The movement towards greater specialisation in construction law is expected to enhance the quality Organised by: of construction practitioners in Singapore as it strives to export its expertise across the region. This year’s SCL (Singapore) Annual Conference will both debate the benefits and challenges of specialisation and explore some of the trending topics occupying our community. Construction lawyers have been identified as the pilot for expert accreditation in Singapore and our Keynote Speaker, Justice Quentin Loh, has been tasked by the Chief Justice to lead the accreditation effort. Justice Loh will provide an update on progress as part of his Keynote Address. This Conference will feature: • A debate on specialisation & accreditation of construction practitioners • A panel discussion on trending issues in compliance and due diligence in the construction industry Lanyard Sponsor • Presentations on the Singapore International Commercial Court for construction disputes • An in-house counsel panel : “What Keeps You Awake at Night?” This Conference aims to bring together legal practitioners, in-house counsel and construction industry stalwarts from around Asia to discuss the future of our industry. Gold Sponsor Who Should Attend • Architects, developers, contractors, engineers, project managers, consultants, managing agents, management corporations and other professionals involved in the construction industry who deal with legal, regulatory and contractual issues Silver Sponsor • Construction consultants • Law, building & construction academics and students • In-house counsel & legal officers working in the construction industry • Lawyers Continuing Professional Development Practice Area: Construction BOA-SIA – 4 CPD Units Training Level: Update SIArb – 8 CPD Points CPD Points: 6 Public CPD Points PEB – 7 PDU Points SISV – 7 units Program Outline 08.30 – 09.00 Registration & Refreshments Welcome Address by Chair of Morning Session 09.00 – 09.05 Mr. Darren Benger - Chairman, Society of Construction Law (Singapore) 09.05 – 09.30 Keynote Address by Justice Quentin Loh SESSION 1: DEBATE ON THE MOTION “SPECIALIST CONSTRUCTION PRACTITIONERS - THERE IS A NEED FOR 09.30 – 11.00 INDUSTRY ACCREDITATION” Moderator: • Mr. Philip Jeyaretnam SC – Managing Partner, Rodyk & Davidson LLP Debators 1. Ms Anneliese Day QC – 4 New Square Chambers 2. Mr. Adrian Hughes QC – 39 Essex Chambers 3. Mr. Chris Nunns – Council Member, Society of Construction Law (Singapore); Managing Director, FTI Consulting 4. Mr. Simon Hughes QC – Keating Chambers 11.00 – 11.20 Morning Break SESSION 2: “COMPLIANCE AND DUE DILIGENCE IN THE CONSTRUCTION INDUSTRY” Bribery, corruption and money laundering are fast becoming the key compliance issues that face the construction industry 11.20 – 12.50 in today’s world. Contractors and employers are facing greater scrutiny by regulators over the way business is conducted, in particular, securing contracts. This session will explore both regulatory and practical questions surrounding compliance and due diligence in the construction industry. Moderator: • Mr. Anil Changaroth - Council Member, Society of Construction Law (Singapore); Managing Director, ChangAroth Chambers LLC Speakers: 1. Mr. Maurice Burke – Partner, HoganLovells Lee & Lee 2. Mr. David Lawler – Managing Director, Forensic Investigations, Navigant 12.50 – 13.55 Standing Buffet Lunch Introductions & Remarks by Chair of Afternoon Session 13.55 – 14.00 Mr. Alex Wong – Chairman, SCL Conference 2016 Organising Commitee SESSION 3: “THE SINGAPORE INTERNATIONAL COMMERCIAL COURT AND ITS ROLE IN THE RESOLUTION OF CONSTRUCTION DISPUTES AND THE DEVELOPMENT OF CONSTRUCTION LAW” The SICC was established in January 2015, as a division of the High Court of Singapore, and now sits alongside arbitration and normal Court proceedings, where construction disputes have traditionally been resolved. This is a development that will be watched closely by practitioners and parties in the construction industry. The SICC’s unique features distinguish it 14.00 – 15.30 from Arbitration and normal Court proceedings in many areas including confidentiality, joinder, flexibility in evidential rules, document disclosure, and its international panel of eminent Judges. These unique features give the SICC the capacity to play a leading role in the both the resolution of Construction Disputes and the development of Construction Law. Session 3 aims to explore, at a relatively high level, the key features of the SICC that will be of interest to the construction industry, its potential role in the resolution of construction disputes, how it compares with the more traditional modes of dealing with such disputes, and the role that the SICC can play in the development of Construction Law. Moderator: • Mr. Toh Chen Han – Council Member, Society of Construction Law (Singapore); Partner, Pinsent Masons MPillay LLP Speakers: 1. Mr. Chan Leng Sun SC – Principal, Baker & McKenzie.Wong & Leow, Singapore 2. Mr. Francis Xavier SC – Regional Head, Dispute Practices, Rajah & Tann LLP 3. Mr. Thio Shen Yi SC – Joint Managing Director, TSMP Law Corporation; President, The Law Society of Singapore 15.30 – 15.45 Afternoon Break SESSION 4: IN-HOUSE COUNSEL PANEL ON “WHAT KEEPS YOU AWAKE AT NIGHT?” Our panel of experienced in-house counsel will share their insights on the issues that challenge them in their daily work 15.45 - 17.30 and what they do to meet these challenges. Do the traditional issues of risk allocation and contractual liability remain at the forefront of their minds or do the more topical concerns of corruption, money laundering and data protection now reside near the top of their to-do lists. Moderator: • Mr. Paul Sandosham - Honorary Secretary, Society of Construction Law (Singapore); Partner, Clifford Chance Speakers: 1. Mr. Alex Moray – General Counsel APAC, M+W Group 2. Mr. Cameron Ford – Corporate Counsel, Rio Tinto 3. Mr. David Lavery – Asia Pacific Senior Counsel, Legal and Compliance, Black & Veatch (SEA) Pte Ltd 4. Mr. William Zhang – Regional Legal Counsel, Samsung C&T Corporation Conference Closing Remarks 17.30 – 17.35 Mr. Darren Benger - Chairman, Society of Construction Law (Singapore) About our Keynote Speaker Justice Quentin Loh - Judge, Supreme in the area of Appropriate Dispute Resolution primarily on commercial, civil, criminal & corporate matters with a focus on construction and Court of Singapore infrastructure related mediation, adjudication, arbitration and litigation in the Singapore and the region. The past chairman of SCL(S) [2012 Quentin Loh was appointed a Judicial Commissioner to 2014], Anil is currently the Honorary Legal Advisor to the Singapore of the Supreme Court of Singapore on 1 September Institute of Architects (and its Small and Medium Architectural Practices 2009 and a Supreme Court Judge on 1 June Committee) and the Singapore Institute of Surveyors and Valuers 2010. Prior to his joining the Bench, he was the Deputy Managing Partner of Rajah & Tann LLP from December 2003 to 12 August 2009. He was a key member of its international arbitration group Ms Anneliese Day QC - 4 New Square as well as head of the Construction & Projects and Chambers Insurance and Reinsurance practice groups. Prior to joining Rajah & Tann in 2001 as a member of its Executive Committee, he was Managing Anneliese Day QC has extensive experience Partner of Cooma, Lau & Loh, a firm he co-founded in 1978. He was of domestic and international disputes in the appointed Senior Counsel in 1999. Until his appointment as a Judicial construction and commercial sphere. She thrives Commissioner, he was also a founding director of Maxwell Chambers, a on the cut and thrust of advocacy but also brings dedicated building for holding arbitrations. commerciality to the issues she deals with so as In private practice, he has appeared as counsel in numerous domestic to achieve the best outcome for her clients. and international arbitrations, (SIAC and non-SIAC, ad hoc arbitrations, The “truly exceptional” nature of her work led her ICC, HKIAC) in various jurisdictions. His areas of practice also included to win the prestigious “Barrister of the Year” at The liability insurance, professional negligence claims, D&O claims, regulatory Lawyer 2014 Awards and in 2015 she was named aspects of insurance, reinsurance, building and construction claims, by Debretts as one of the UK’s 500 most influential people. Anneliese public law, shipping and admiralty, shipbuilding and rig construction was also awarded Construction Silk of the Year in the Chambers Bar claims and a wide range of commercial and corporate litigation. Awards in October 2014 and is consistently rated as a leader in her field by the specialist directories in all of her areas of expertise. She is noted for her “extraordinary talent”, eloquence, and ability to explain complex issues to lay clients”. Anneliese is typically instructed Speakers & Moderators on high-profile and chunky cases, producing top-notch advocacy and achieving comprehensive victories for her clients. (alphabetically by surname) Mr. Maurice Burke – Partner, Hogan Mr. Cameron Ford – Corporate Counsel, Lovells Lee & Lee Rio Tinto Maurice Burke heads Hogan Lovells’ dispute Cameron is corporate counsel with Rio Tinto resolution practice in South East Asia and co- in Singapore