Chartered Civil
Engineer, Barrister at Law,
Chartered Arbitrator,
Adjudicator and Conciliator/Mediator
specialising in construction,
engineering and related disputes
CURRICULUM VITAE
Peter Howard John CHAPMAN
BSc (Hons) LLB (Hons) FICE FCIArb FConsE FIHT FHKIE FIEI MSIArb
Chartered Civil Engineer, Barrister at Law, Chartered Arbitrator, Adjudicator
and Conciliator/Mediator
Somersby House Chambers,
Telephone: 01372 843755 (+44 1372 843755)
Mobile: 07971 249902 (+44 7971 249902)
Facsimile: 01372 843420 (+44 1372 843420)
E-mail:
disputeresolution@peterhjchapman.com
Web: www.PeterHJChapman.com
Date of Birth: 11th June 1948
Occupation: Arbitrator, adjudicator and
conciliator/mediator in construction disputes
Dispute resolution
experience:
As arbitrator,
approximately 75 construction references (UK, Singapore, Hong Kong, USA,
Canada, Thailand, Middle East, Malawi, Philippines, South Africa) under
institutional and ad hoc procedures. Main contract, subcontract and
professional services disputes involving amounts up to US$150m arising under
traditional, design/build and concession contracts. No decisions overturned on
appeal. Served as sole arbitrator and on
tribunals (as party-appointed member and chairman) under ICE, ICC, Uncitral, LCIA,
LMAA and ad hoc arbitration
procedures.
As adjudicator/disputes
expert (including, in particular, service on Dispute Resolution Boards, DRB, DAB, CDB), over 200 decisions given
(UK, Hong Kong, China, India, South Africa, Lesotho, Indonesia, Romania,
Luxembourg and elsewhere). Served as member (26) and chairman (14) on forty
dispute resolution boards (technical and financial) and eight times appointed
as sole FIDIC Disputes Review Expert/DAB for contracts covering traditional,
design and construct, turnkey and concession contracts. 75
decisions given under
As mediator/conciliator,
approximately 50 construction disputes of which 42 were settled as a direct
result of the mediation/conciliation process.
As engineer
under FIDIC/ICE contracts, numerous engineer's decisions covering most types of
claims.
As party representative, acting as legal counsel in dispute resolution
proceedings and as lead negotiator with objective of reaching amicable
settlements of disputes and differences.
Familiar with
disputes covering:
Delay and disruption, time extensions, prolongation,
prevention, breach of contract, contract interpretation, conflicting
documentation, back-to-back agreements, differing site conditions, payment
provisions, measurement, valuation, construction quality, design obligations,
scope of services, final account, price escalation, conflict of laws, operating
obligations, etc.
Background:
40
years in the engineering and construction industry. Experienced in power
generation and distribution projects (nuclear, hydropower, gas and solid fuels,
waste-to-energy), large buildings (airport terminals, powerhouses, commercial
developments, sports stadia, hospitals, educational
establishments), building services, long-span bridges (suspension, cable
stayed, glued segmental), road construction (at grade, underground and
elevated), railways (high-speed main line, urban metro and light rail, depots,
signalling and M&E works), marine works projects (oil production facilities
(rigs and FPSOs), port and harbour construction,
dredging, coastal protection), tunnelling (hard and soft ground, using boring
machines, jacking processes, manual excavation, drilling and blasting, immersed
tube), telecommunications projects, water supply projects and large dams. Particularly conversant with multi-disciplined projects (power
stations, industrial/commercial buildings, airports, mass transit railways).
Experience with:
FIDIC
(Red, Yellow, Silver and Dredging forms), ICE (traditional and NEC), JTC, IMechE/IEE Model Form ‘A’, BPF/ACA, FCEC, GCWorks, ACE, HKGov, World Bank
and other standard form contracts. ISPA and PRAG rules.
ICE, ICC, LCIA, Uncitral, LMAA, CIArb, CIMAR, HKIAC, RICS, SIAC and other Arbitration Rules.
ICE, TeCSA, TeCBA,
JCT, ACE (CIC), Scheme for Construction Contracts and other Adjudication Rules.
World
Bank MDB Harmonised, FIDIC, ICE and ICC Dispute Board Rules
Panel listings:
ICE (arbitration, adjudication, conciliation/mediation,
dispute boards)
CIArb (arbitration, adjudication)
Construction Industry Council (adjudication)
FIDIC (arbitration, adjudication and dispute boards,
mediation)
Hong Kong International Arbitration Centre (arbitration,
adjudication and mediation)
CIETAC (
Standing Panel of Arbitrators for
Construction Contracts Mediator's Group (mediation)
LCIA (arbitration)
Major
Projects Adjudication Group
Memberships and official
positions held:
Fellow,
Institution of Civil Engineers
Fellow,
Institution of Engineers of
Fellow,
Chartered Institution of Arbitrators
Fellow,
Association of Consultants and Engineers
Fellow,
Institution of Highways and Transportation
Fellow,
Member,
Honourable Society of
Member,
Singapore Institute of Arbitrators
Member,
Society of Construction Law
Member,
International Bar Association
Member,
International Commission of Large Dams (
Member,
International Chamber of Commerce (ICC)
Member,
Member,
ICC and ICE Task Forces on ‘Dispute Boards’
Member,
British Tunnelling Society
Member,
Tecbar
President,
Dispute Resolution Board Foundation (2003-2004)
Council
Member, Society of Construction Arbitrators (2001 - present)
International
Affairs Representative, Dispute Resolution Board Foundation (
Chairman,
ICE Advisory Panel on Legal Affairs (APLA, 2000 - 2003)
Chairman,
FIDIC Assessment Panel for Adjudicators (APA, 2002 – present)
Chairman,
ICE Arbitrator Review Panel (ARP, 1999 - 2005)
Member,
ICE Industry Practices Committee (2000 – 2003)
Member,
ICE Advisory Panel on Arbitration (AAP, 1997 – 2000)
Council
Council
Member & Executive Board Member, Chartered
Chairman,
Professional Conduct Committee, Chartered Institute of Arbitrators (2004 –
present)
Member,
Arbitration Club
Founder,
first Chairman and currently first President, The Adjudication Society
Overseas experience gained in:
Hong
Kong, China, Singapore, Malaysia, Thailand, Denmark, Libya, Lesotho, South
Africa, Uganda, Malawi, Ghana, Indonesia, Philippines, USA, Canada,
Switzerland, Italy, Ireland, Iceland, UAE, Isle of Man, Romania, Turkey, Georgia,
India, Pakistan, Nepal, Nigeria, Taiwan, Luxembourg.
Career:
1967-73 London Transport: Design and
construction of Heathrow (Piccadilly) Line and Victoria Line.
1973-77 Milton Keynes Development
Corporation: Design and project management of
1977-81 Hong Kong Mass Transit Railway
Corporation: Project management and contractual/commercial matters associated
with new mass transit railway system.
1981-83 Eric Cumine
Associates: Construction and contractual specialist for large commercial
building developments and road projects in
1983-90 Singapore Mass Rapid Transit
Corporation: Contracts Manager, responsible for contractual and commercial
matters associated with 200 building, civil, electrical, mechanical engineering
and professional services contracts for new metro. 2000 claims for additional
time/payment settled.
Since 1990 Independent Practitioner: Consultant
Project Director, West Kowloon Expressway, contractual advice and opinions to
development banks, law firms, consultants, promoters and contractors. Principally acting as arbitrator, adjudicator and
conciliator/mediator in construction disputes. Served on forty dispute resolution
boards (including the Hong Kong International Airport Disputes Panel, European
Investment Bank HQ, Channel Tunnel Rail Link, Dublin Port Tunnel), having acted
as chairman on fourteen occasions. Acted ten times as sole
FIDIC or ad hoc ‘Disputes Review
Expert’.
Other matters:
Recipient
of the 2006 annual award for Dispute Board Excellence (DRBF)
Recipient
of the 1990 Webb Prize for Civil Engineering (ICE)
Books
and papers on dispute boards, construction litigation, arbitration, ADR,
adjudication
Co-author
of 'Construction Adjudication' published 1999 (
Qualified
as UK Solicitor (but has remained at the UK Bar)
Regular speaker/lecturer for ICE, FIDIC, CIArb, ICC
and
Freeman
and Liveryman of the City of
Guest
lecturer on dispute resolution and ADR at
Director
and Trustee of several charity organisations