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- uploaded January 29, 2021
During the second in our series of APAC construction law webinars we discuss the implications of the recent Singapore High Court decision in Silverlink Resorts Ltd v MS First Capital Insurance Ltd  SGHC 251 on carving out certain types of disputes from arbitration agreements, and how this may be utilised to increase the efficiency of the dispute resolution process for a construction and engineering dispute.
The nature of construction disputes is such that they can be extremely large and complex in scope, and will involve multiple parties, all with independent contractual relationships. The timeline of a dispute may span across the lifetime of the project. With key documentation being created daily by a multitude of witnesses, an enormous amount of data potentially needs to be reviewed and evaluated. Additionally, the common usage of bank guarantees in international construction projects provides an additional layer of complexity to the resolution of such disputes, largely to the fact that the bank guarantees may provide for a different applicable law to that of the underlying substantive dispute, as well as a different dispute resolution mechanism.
The requirements for the efficient and effective resolution of a construction dispute may not be properly met by the current arbitration eco-system. During this hour-long panel discussion and Q&A session, we will explore the different ways parties may strategically draft their dispute resolution mechanisms so that the constraints brought about by the arbitral rules and norms may be properly addressed.
Who would this be useful for?
Anyone involved in construction and engineering projects would benefit from our discussions, including:
• In house legal advisers
• Engineers, Consultants
• Contractors, sub-contractors and Suppliers