BSc (Hons) LLB (Hons) FICE FCIArb FConsE FIHT FHKIE FIEI MIET MSIArb
Chartered Civil Engineer, Barrister at Law,
Chartered Arbitrator, Adjudicator and Conciliator/Mediator
specialising in construction, engineering and related disputes
CURRICULUM VITAE
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, expert determiner and mediator/conciliator in construction
disputes.
Dispute resolution experience:
As arbitrator, approximately 75 construction
references (UK, Singapore, Hong Kong, USA, Canada, Thailand, Middle East
including UAE, Malawi, Philippines, South Africa, Turkey, Poland) 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, DRBs, DABs,
CDBs), over 220 decisions given (UK, Ireland, Hong
Kong, China, India, Turkey, South Africa, Lesotho, Indonesia, Romania,
Luxembourg, Lithuania, Vietnam and elsewhere). Served as member (26) and
chairman (15) on over forty dispute resolution boards (technical and financial)
and ten times appointed as sole FIDIC Disputes Review Expert/DAB for contracts
covering traditional, design and construct, turnkey and concession (PFI, PPP)
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:
41
years in the engineering and construction industry. Experienced in large
buildings (airport terminals, powerhouses, commercial developments, sports stadia, hospitals, educational establishments), building
services, long-span bridges (suspension, cable stayed, glued segmental, etc.),
road construction (at grade, underground and elevated), power generation and
distribution projects (nuclear, hydropower, gas and solid fuels, wind-farm,
waste-to-energy), 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/treatment projects and large
dams. Particularly conversant with multi-disciplined projects
(power stations, hospitals, industrial/commercial buildings, airports, mass
transit railways).
Experience with:
FIDIC
(Red, Harmonised, Yellow, Silver, Gold 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)
AAA
(dispute boards)
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,
the Smeatonian Society of Civil Engineers
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)
Founder,
first Chairman and currently Hon. 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, Lithuania, Turkey, Georgia,
Poland, India, Pakistan, Nepal, Nigeria, Taiwan, Luxembourg, Vietnam.
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/adjudication boards (including chairmanship of Adjudication
Panel for London 2012 infrastructure and venue works, Hong Kong International
Airport, European Investment Bank HQ, Channel Tunnel Rail Link, Dublin Port
Tunnel, Bosphorus Crossing), having acted as chairman
on fifteen occasions. Acted ten times as sole FIDIC DAB 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 2000 (
Qualified
as UK Solicitor (but has remained at the UK Bar)
Regular speaker/lecturer for ICE, FIDIC, CIArb, ICC
and
Guest
lecturer on dispute resolution and ADR at
Freeman
and Liveryman of the City of
Director/Trustee of