VENUE

DATE

Leading International Conference

25 - 26 | NOVEMBER | 2009

LA CANELLE , DOMAINE LES PAILLES,PAILLES, PORT LOUIS ,MAURITIUS

Who should attend?ArbitrationPractitionersArchitectsConsultantsEngineersLawyersOther professionals who deal with dispute resolution and contarctual issues.

on Construction Law & Dispute Resolution

KAILASH DABEESINGH

ARBITRATION CHAMBERS

KAILASH DABEESIN

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Leading International Conference

DAY 1 WEDNESDAY 25th | NOVEMBER | 2009

on Construction Law & Dispute Resolution

KAILASH DABEESIN

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ORGANISER : KAILASH DABEESINGH ARBITRATION CHAMBERS

About the Conference

Now in its seventh consecutive year, the 2-day International Conference on Construction Law & Dispute Resolution continues to grow, attracting prominent speakers from around the world and delegates from across the industry.

Purpose of the Conference

The International Conference on Construction Law and Dispute Resolution has been designed to promote Mauritius as a popular and leading venue for the settlement of international commercial disputes by arbitration. This event promises to provide participants with informative, practical and relevant advice on how to use arbitration to maximum effect . It will provide an invaluable opportunity for participants to discuss issues involving arbitration with particular emphasis on conflict avoidance and dispute resolution

Developing Mauritius as a Regional Centre for International Arbitration

Government of Mauritius has declared an objective of developing and promoting Mauritius as a leading venue for the settlement of international commercial disputes by arbitration.It has reformed its law on arbitration by introducing a new statutory framework for arbitration

International Arbitration Act 2008

The new International Arbitration Act which came into force on 1 January 2009 embraces the UNCITRAL Model Law which takes the central stage and creates an entirely new landscape of arbitration practice. More than this, the International Arbitration Act brings about a conceptual revolution through a fundamental relationship between the arbitral process and the State.

The new International Arbitration Act is confined to international arbitrations. The government by adopt-ing the International Arbitration Act has harmonised its arbitration laws with those of some 63 other coun-tries in the world which had already adopted the Model Law.

There is no doubt that one of the motives in the adop-tion of the International Arbitration Act is to provide a more coherent code for the governance of the arbitral process in international commercial arbitra-tion proceedings. This can only stimulate foreign direct investment since a familiar dispute resolution mechanism will encourage confidence in our arbitral institutions.

8.30 - 9.00 Registration of Delegates 9.00 - 10.00 Welcome Address 9.10 - 9.30 Official Opening of Conference and Keynote Address by Guest of Honour

9.30 - 9.45 Morning Coffee 9.45 - 10.30 Session 1 Arbitration The New International Arbitration Act 2008 Developing Mauritius into a Regional Centre for International Arbitration Speaker: Mr Kailash Dabeesingh 10.30 - 11.10 Session 2 - Role of Arbitration in the Resolution of Transnational Disputes Speaker: Mr John Campbell QC 11.10 - 11.50 Session 3 - International Arbitration Promise and Pratice Speaker: Mr Peter Caldwell 11.50 - 12.30 Session 4 - Costs in International Arbitration - Institutional Fees - Tribunal Fees - Expenses and Cost Speaker: Dr Michael O'Reilly 12.30 - 14.00 LUNCH BREAK 14.00 - 14.40 Session 5 - Awards : Recognition, Enforcement and Challenges Speaker: Mr M Hwang 14.40 - 15.20 Session 6 - Powers, Duties and Jurisdiction of an Arbitral Tribunal Speaker: Dr C Ong 15.20 - 15.35 Afternoon Coffee 15.35 - 16.15 Session 7 - Institutional and Adhoc Arbitrations: Advantages & Disadvantages Speaker: Mr Sundra Rajoo 16.15 - 17.00 Session 8 - Factual Evidence in Dispute Resolution: Documents and Witnesses Speaker: Ms Nerys Jefford, QC

17.00 Close for Day 1

A Permanent Court of Arbitration in Mauritius

The Mauritius Host Country Agreement adopts a pioneering step by providing that there shall be a permanent branch of the Permanent Court of Arbitration (PCA) to discharge the duties under the New International Arbitration Act 2008. This will no doubt encourage growth of international arbitration in Mauritius. Why Mauritius?

The geographical, cultural, economic and political proximity of Mauritius with the Eastern and Southern African countries constitute a major advantage.Above all Mauritius enjoys a stable democracy, separation of powers (the judiciary, executive and legislature), perceived neutrality in the region and the high standards of language skills of its profes-sionals, who are bilingual in both English and French. This language proficiency gives an added advantage in dealing with clients in the region.

Mauritius is signatory of four regional groupings namely the Common Market for Eastern and Southern Africa (COMESA); the Southern African Development Community (SADC); Indian Ocean Commission (IOC); and the Indian Ocean Rim Association for Regional Cooperation (IOR-ARC).

The main objective of engaging in these groups is to enhance cooperation among member states on the economic front and to strengthen trade relationships and the promotion of Mauritius as a regional centre for arbitration is consistent with this.

International arbitration in Mauritius is likely to flourish for numerous other reasons. Mauritius has an extensive network of double taxation agreements with a large number of investor countries which makes the country a good location for international investments and a place for resolution of investment disputes. Countries like India and China will no doubt seize the opportunity. The new International Arbitration Act provides an excellent regime for the practice of arbitration in Mauritius.

9.00 - 9.40 Session 9 - ADR: Mysteries of Modern Mediation Speaker: Mr Anthony Speaight QC 9.40 - 10.20 Session 10 - Dispute Review Boards: Practice and Procedure Speaker: Mr Peter Collie 10.20 - 10.35 Morning Coffee 10.35 - 11.15 Session 11 - Controlling Costs in Arbitration Some Practical Suggestions from a Past Participant Practical hints and suggestions for those professionals who may become involved in arbitration for the first time. Speaker: Mr Brian Maskery 11.15 - 11.55 Session 12 - Loss & Expense Claim: Essential Features of a Claim Preparation & Defence Speaker: Dr Michael O'Reilly 11.55 - 12.30 Session 13 - Role of Experts in International Arbitration Practical advice for those professionals who may be called upon act as an Expert Witness for the first time. Speaker: Mr Brian Maskery 12.30 - 14.00 LUNCH BREAK 14.00 - 14.45 Session 14 - Extension of Time & Liquidated Damages Speaker: Mr Martin Green

14.45 - 15.00 Afternoon Coffee 15.00 - 16.30 Session 15 - Mediation & Arbitration An opportunity for attendees to witness live Mediation and Arbitration 16.30 17.00 Plenary Session 17.00 17.15 Closing Speech 19.00 CONFERENCE DINNER & RECEPTION

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DAY 2 WEDNESDAY 26th | NOVEMBER | 2009

r John Campbell, QC (President of the Chartered Institute of Arbitrators); Scottish Queen’s Counsel (since

1998), Mr J Campbell qualified to practice throughout the UK. His practice is mainly in property and land law, agriculture and energy work, and he specialises in town and country

planning. He is active in promoting arbitration and ADR, and has conducted more than 200 public inquiries.

SpeakersWe are delighted that we have exceptionally distinguished speakers to lead discussions and speak on a range of current topics on international arbitration. Confirmed speakers are :

r Anthony Speaight, QC , Barrister, Bencher of Inn of Court, The Middle Temple

Mr A Speaight has been in private practice at the English Bar for over 30 years. He has wide experience in construction and IT litigation, having appeared in important building and engineering cases in the Technology & Construction Court, Court of Appeal and House of Lords.

r Sundra Rajoo (MSc, Chartered Arbitrator, Malaysia); Mr Sundra Rajoo is a Chartered

Arbitrator, Advocate and Solicitor. He holds B. Sc(HBP) Hons (USM), LLB Hons (London), Certificate in Legal Practice, Grad Dip in Archi-tecture (TCAE), Grad Dip in Urban and Regional Planning (TSIT), M. Sc. in Construction Law and Arbitration (With Merit) (LMU), MPhil in Law (Manchester), Diploma in International Commercial Arbitration (London, CIArb) APAM, APPM, FCIArb, FMIArb, FSIArb, FICA, MAE, ARAIA. Earlier, he had practised as an Architect and Town Planner.

s Nerys Jefford, QC (Practising Barrister in Keating Chambers)Nerys Jefford QC was called to the

Bar in 1986 and has been a practising barrister in Keating Chambers since 1988, taking silk in 2008. Nerys specialises in construction and engineering disputes, and domestic and international arbitration. Her practice covers a

wide spectrum of advisory work, drafting and advocacy. Nerys has been involved in a number of major international arbitrations arising out of relating to commercial, infrastructure and energy projects in Hong Kong, Singapore, Saudi Arabia and Kuwait.

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r C Ong (Chartered Arbitrator, Barrister, Essex Court Chambers and of 3 Verulam Buildings);

Dr Ong is a practicing barrister at the English Bar; advocate of the Brunei Bar and registered foreign lawyer in Singapore. He is a Chartered Arbitrator and is a Visiting Professor of Law at

various universities including the University of M a l a y a ; The National University of Malaysia (UKM); Kings College (University of London); National University of Singapore and Visiting Fellow at Queen Mary College (London).

r Michael O’Reilly, BEng, LLB, PhD, CEng, FICE FCIArb, Chartered Arbitrator;

Dr O’Reilly has been extensively involved in arbitration for 20 years. He has held the post of Legal Counsel to the Chartered Institute of Arbitrators and has been Editor of the Char-tered Institute’s journal; he remains on the editorial board. His book Costs in Arbitration Proceedings is the leading text in the field and the third edition is due to be published in late 2009. He has acted as arbitrator in many disputes, especially in construction related matters.

r Kailash Dabeesingh, CEng, MSc Arch., FRICS, FCIArb, (Chartered Arbitrator, Mauritius);

Mr K Dabeesingh graduated with a civil engineering degree and proceeded to gain an MSc degree in Architecture from UCL, Univer-sity of London. Mr Dabeesingh is also a Char-tered Quantity Surveyor from RICS, UK. He obtained an MSc degree in Construction Law and Arbitration and worked in the UK for a few years. Mr Dabeesingh is actively involved in dispute resolution and been elevated to the rank of Chartered Arbitrator. He is currently an arbitrator on the CIArb Panel UK and is also the current President of the Society of Construction Law – Mauritius.

r Michael Hwang SC Mr M Hwang practices as a Barrister, primarily servicing lawyers as

Independent Counsel and Arbitrator. He was appointed as the Deputy Chief Justice of the Dubai International Financial Centre in 2005 . He is a member of the International Court of

Arbitration of the International Chamber of Commerce and a VicePresident of the International Council for Commercial Arbitration. He was formerly a United Nations Compensation Commissioner and a Vice – Chair of the IBA’s Arbitration Com-mittee. He also serves as Singapore’s Non-Resident Ambassador to Switzerland.

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r Brian Maskery, MSc. MRICS, MCIArb (Construction Consul-tant, UK);

Mr B Maskery began his career working in professional quantity surveying offices in the UK. He became a Chartered Quan-tity Surveyor in 1974 and has gained

wide-ranging experience of construction working for more than 20 years at director level in several civil engineering contractor organisations. In 2000 he became a director of Alan Auld Associates Ltd, a multi-disciplinary firm of construction consultants, where he heads up the commer-cial and dispute resolution division.He holds a masters degree in Construction Law and Arbitration and is constantly involved in arbitrations, adjudications and litigations in the UK acting either as a party representative or as an expert witness.

M r Peter Scott Caldwell, Char-tered Arbitrator, Hong Kong

Peter Scott Caldwell is a full-time arbitrator, adjudicator, mediator and dispute board member.

He has acted as a neutral in many disputes involving parties from around the world. He is the Immediate Past Chairman of the Society of Construction Law Hong Kong, a past chair-man of the Hong Kong Branch of the Chartered Institute of Arbitrators, a Chartered Arbitrator and an accredited general mediator.

From 1990 to 1998 he was Secretary-General of Hong Kong International Arbitration Centre (HKIAC). He has continued his involvement with HKIAC as a member of its Council.

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M r Martin Green, BSc, BTech, LLM, MCIArb, MCIOB, MIFireE, FHEA

(Course Leader MSc Construction Law, Leeds Metropolitan University, UK)Martin started his professional career as a Civil Engineer working for a large contractor in the UK. He operated his own consultancy for a period of 15 years gaining experience in both design and contract administration. Since 1994 he has been a full-time academic working in the area of construction law, contract law and dispute resolution. He is actively involved in the assessment of Adjudicators and the organisation of CPD for both the CIArb and the SCL. He is member of the CIOB’s contracts and procurement committee. He is the Course Leader for the MSc in Construction Law and Dispute Resolution at Leeds Metropolitan University.

eter Collie, LLB (Hons), FCI Arb, FCIOB, FIOC, MRICS, LCGIBarrister and Chartered Arbitrator.

Peter is a Barrister practicing Construction Law at No 5 Chambers in the UK with over 30 years experience in the construction industry.

He left School at 16 and served an apprenticeship as a Bench Joiner. He then studied to become a Quantity Surveyor and sat the Chartered Institute of Building Member Exams for which he was awarded their highest award, the Silver medal. He read law part time at the Nottingham Law School and was called to the Bar in 1994. After a period as in house counsel he joined No 5 Chambers in 2000. His practice includes sitting as Arbitrator, Adjudicator and Mediator.

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TopicsThe Conference Organising Committee has put together an exciting and wide-ranging discussion on various highly topical and emerging issues in arbitration. Topics include:

• Aspects of The New International Arbitration Act-2008 and Developing Mauritius into a leading venue for the settlement of international commercial disputes.

• Role of arbitration in the resolution of transnational disputes

• International Arbitration- Promise and Practice

• The role of Arbitration Institutions

• Costs in International Arbitration.

• Role of Experts in International Arbitration.

• Powers, Duties and Jurisdiction of an Arbitral Tribunal.

• Arbitration Awards : Recognition, Enforcement and Challenge

• Claims and Dispute Resolution

• Dispute Review Boards: Practice and Procedure

• Loss and Expense Claims : Essential Features of a Claim Preparation and Defence

• Extension of Time and Liquidated Damages

REGISTRATION FORM - Leading International Conference - MQA APPROVED

Please complete the registration form and return it with your payment or credit/debit card details to the conference secretariat, KDS Consulting, 8 Bally Court, Temple Park Garden, Labourdonnais Street, Port Louis, Mauritius.

For further information please contact Rajini on Tel: +230 2136928, Fax: +230 2134975Email: info@kdschambers.com - website: http://www.kdschambers.com

Fees – US $ 650 / MUR 20 000Please note that this is a non-residential course, the fee includes lunch, refreshments and course materials for the two days.

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CANCELLATION NOTICE

Please be informed that any cancellation received in writing within 10 days prior to the Conference Date will be subject to 20% cancellation charge. Kindly let us have your substitute delegate in writing before the conference date to avoid incurring the cancellation charge. Any “no-show” by registered delegate will be liable for full payment of the conference fees.

DISCLAMER

The Conference Organiser reserves the right to change the speakers, date and to cancel the programme or part of it should circumstances arise beyond its control. The Conference Organiser also reserves the right to make alternative arrangements without prior notice should it be necessary to do so.

Upon registration, you are deemed to have understood and agreed to the above terns and condition.

TERMS & CONDITIONS