International Construction Projects Sustainable construction
– tools to achieve environmental objectives in the climate change crisis

Date
Thursday, April 25
Time
14:00-15:30
Location (Room)
York

The Paris Agreement is a landmark treaty by which countries around the world have agreed to work together to combat climate change. The construction industry as a whole accounts for 36% of worldwide energy usage and 40% of CO2 emissions. Green construction therefore is particularly important for countries wishing to meet their carbon reduction targets. Stakeholders in the industry are taking steps to achieve this through setting new standards, engaging with new technology, repurposing existing structures through innovative thinking and designs, etc. At the same time, safeguards must be had against greenwashing. In this session, focus is placed in particular on:

  • Eco-clauses in contracts - what requirements could be included;
  • Certifications and standards in contact and obligation of the parties to obtain specific environmental clarifications;
  • Risk management in the context of sustainable construction - what specific risks can arise and how to allocate them
    • - incentive and sanctions – what motivates the contractor to meet environmental standards;
    • - materials and waste management;
    • - sustainable practices in the supply chain – controlled selection of subcontractors;

Moderator

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Alfred Wu

Alfred is highly experienced in handling a broad range of contentious and non-contentious construction and engineering matters representing international, China and Hong Kong based clients which variously include government departments, statutory bodies, employers, engineers, architects, contractors and subcontractors. Alfred also represents clients in construction-related criminal

investigations and prosecutions. Alfred also regularly takes on appointments as arbitrator for construction related and other commercial arbitrations.

Alfred is Co-Chair of the International Construction Projects Committee of the Inter-Pacific Bar Association 2020-2022, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Hong Kong Institute of Arbitrators, and a Companion Member of the Hong King Institution of Engineers, an HKIAC Accredited Mediator, a member of the HKIAC List of Arbitrators and a panel arbitrator of the AIAC and KCAB.

Alfred is qualified to practice law in Hong Kong, England and Wales and Ontario, Canada. Prior to his legal qualifications, he was a civil engineer with a leading international firm of geotechnical consultants, having obtained his B.Sc. and M.Sc. degrees in engineering in the UK and Canada respectively.

Moderator

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Mirella Lechna-Marchewka

Mirella Lechna-Marchewka is an attorney at law and managing partner at Wardyński & Partners. Her legal work involves three of the firm’s practice areas: infrastructure, transport, public procurement and PPP; environmental protection; and the energy sector. She also coordinates the firm’s Asian Desk. She is a Co-Chair of the International Construction Projects committee of the Inter-Pacific Bar Association, a member of the Council of the PPP Centre Foundation, and a founding member as well as a board member of the Public Procurement Law Association.

Speaker

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Bill Barton

Bill has specialised in construction and non-contentious construction for over 30 years. He has particular expertise in drafting and negotiating specialist bespoke contracts. Bill is experienced in drafting amendments to and negotiating not only standard forms of contract such as JCT, NEC and ICE, but also the FIDIC Red and Silver books and the IChemE Burgundy, Red and Yellow books.

An increasing element of Bill’s work is for other law firms, in the UK and internationally, whether effectively as an additional in-house construction consultant or directly for their clients.

Bill is a Fellow of the Institute of Arbitrators, and has substantial experience in conducting adjudications, mediations and arbitrations, as well as litigation within the TCC.

Speaker

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Helena Chen

Helena has vast experiences in arbitration, energy, infrastructure projects and cross-border investments. She is very experienced in acting as counsel in international arbitrations. She has also served as a sole, chair or co-arbitrator in nearly two hundred arbitrations and has acted as an emergency arbitrator in international arbitration proceedings. Helena has been recognized as a Global Leader in the categories of both construction and arbitration and a Thought Leader in the category of construction in Who’s Who Legal. Dr Chen is also recognized as one of the “Most In Demand Arbitrators” by the Chambers.

Helena is a Chartered Arbitrator and on the Presidential Panel of Arbitrators of the Chartered Institute of Arbitrators and the Convenor of its Taiwan Chapter. She is listed on the panels of arbitrators of ICDR, CIETAC, SIAC, HKIAC, eBRAM, ARIAS Asia, CMAC, AIAC, KCAB International, ACICA, DIAC, VIAC, BAC/BIAC, SCIA, SHIAC, CAA, etc. Helena is also included in the LCIA’s Database of Arbitrators and JCAA’s List of Candidate Arbitrators. She has served as sole, chair or co-arbitrator in nearly two hundred arbitrations, under the rules of the ICC, SIAC, HKIAC, CIETAC, BAC/BIAC, SCIA, SHIAC, CAA, VIAC, etc. She has also served as an emergency arbitrator in international arbitration proceedings. Helena’s experience as arbitration counsel includes representing clients in international arbitrations under the arbitration rules of the ICC, ICDR, DIAC, CIETAC, HKIAC, CAA, etc. She is an accredited adjudicator with AIAC and listed as one of the Recommended Experts of the Construction Dispute Board (DB) of BAC/BIAC. She is also on the Panel of Construction Disputes Review Experts of the CIETAC and panel of DAB/DRB members of the CAA.

Qualifications

Dr Chen is qualified in Taiwan, mainland China and New York State.

Professional Members & Offices

  • Chartered Arbitrator, Chartered Institute of Arbitrators (FCIArb, since 2009), approved faculty member and Convenor, Taiwan Chapter of the Chartered Institute of Arbitrators EAB (since 2019)
  • Member, Standing Committee of the ICC International Centre for ADR (since April 2021)
  • Member, Advisory Board of the Japan Commercial Arbitration Association
  • Member, WIA Committee of the Hong Kong International Arbitration Centre (since 2022)
  • Member, Users Council of the Singapore International Arbitration Centre (since 2015)
  • Member, Advisory Board of the Arbitration Foundation of the Southern Africa (AFSA, since 2019)
  • Regional Head of Taiwan, ARIAS Asia (AIDA Reinsurance and Insurance Arbitration Societies (ARIAS) Asia) (since 2023)
  • Director, Chinese Arbitration Association, Taipei (CAA) (since 2022)
  • Director, Chinese Construction Industry Arbitration Association (CCIAA) (since 2023)
  • Chair, ADR Committee of the Taiwan Bar Association (since 2022)
  • Convenor, Taiwan Bar Association’s Task Force for Co-organizing Taiwan Arbitration Week (2023 & 2024)
  • Member, Civil Mediation Act Drafting Committee of the Judicial Yuan in Taiwan (since March 2021)
  • Member, inaugural Panel of Commercial Mediators of the Intellectual Property and Commercial Court in Taiwan (since July 2021)
  • Vice-Chair, Dispute Mediation Center of CAA
  • Vice-chair, Business Development Committee of the Taiwan Bar Association (2021-2022)
  • Vice-chair, Energy Law Committee of the Taipei Bar Association (2022-2023)
  • Fellow and faculty member, International Dispute Resolution Academy (IDRA)
  • Founding member, China International Arbitration Professionals 30 (CIAP30)
  • Member, CAA Arbitration Rules Amendment Task Force (since March 2021)

Chair, Arbitration Commission of the Taipei Dispute Resolution Study Society

Speaker

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Jack Terceno

Joaquin (“Jack”) Terceño is a partner based in our Tokyo office and head of the Japan disputes team. He is New York and English law qualified, and was named Dispute Resolution Lawyer of the Year for Japan by the ALB Japan 2023 awards.

Jack is an experienced advocate who represents clients in complex international disputes and negotiations, with wide experience in investor-State and commercial disputes both in international arbitration and U.S. federal courts. In addition to Japan and Asia generally, he has experience representing clients based in, or facing disputes in, the United States, South America, Europe, and Africa. In addition to several States, he has assisted clients in a range of industries, from extractive industries, including mineral resources, oil and gas exploration and production, and LNG pricing; to global financial services and investment firms, including in internal investigations; to cross-border telecommunications and technology companies, including in relation to data protection and cybersecurity; to the automotive industry, including in relation to supply chain disruption. Jack’s international arbitration experience includes matters under the arbitration rules of SIAC, ICC, LCIA, AAA, ICSID, and UNCITRAL, and he is on the panel or list of arbitrators for SIAC, HKIAC, KCAB, JCAA and LCIA.

In addition to his expertise in international arbitration, Joaquin’s practice focuses on ESG (environmental, social, governance) issues ranging from risk assessment and due diligence to representing clients in ESG-related disputes, and he is a member of the firm’s Sustainability Leadership Group.

Speaker

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Paul Sandosham

Described by clients as an “exceptional lawyer” with “a great strategic mind” and recognised as a leading dispute resolution and construction lawyer, Paul Sandosham is a partner in the Litigation and Dispute Resolution practice of Clifford Chance and heads the Energy, Infrastructure and Resources (Disputes) practice for Southeast Asia.

He is concurrently the managing partner of Cavenagh Law LLP, Clifford Chance’s formal law alliance partner in Singapore.

Paul is on the roll of solicitors of England and Wales and is admitted to the Singapore Bar. He is registered in the Dubai International Financial Centre Courts' register of practitioners. He is qualified as a Chartered Arbitrator. He is a Fellow of both the Chartered Institute of Arbitrators (FCIArb) and Singapore Institute of Arbitrators (FSIArb). Paul is an accredited mediator with the Centre for Effective Dispute Resolution in London (CEDR).

Paul acts as counsel in court and international arbitration proceedings (under ICC, SIAC, DIAC, LCIA, ADCCAC, UNCITRAL, LMAA, SCMA, ICSID Rules) for various parties on a multitude of projects and disputes that have arisen across numerous jurisdictions, including in Singapore, Malaysia, India, Indonesia, Thailand, Brunei, Vietnam, Lao PDR, Philippines, UAE, Qatar, Bahrain, KSA, Jordan, Mauritius, Maldives, Tanzania, Nigeria, China, Mongolia, Turkey, Pakistan, Australia, Poland, Brazil and Papua New Guinea.

In addition to his work as counsel, he is also often appointed as sole or presiding arbitrator in international arbitrations. He is a member of the SIAC User’s Council.

Paul is on the panel of arbitrators of numerous arbitral institutions including the Singapore International Arbitration Centre (SIAC), Badan Arbitrase Nasional Indonesia (BANI), Asian International Arbitration Centre (AIAC), Dubai International Arbitration Centre (DIAC), Hong Kong International Arbitration Centre (HKIAC), Bahrain Centre for Dispute Resolution (BCDR) Pacific International Arbitration Centre (PIAC) and CIArb (London).

He is the immediate past Chair of the Board of Directors of The Chartered Institute of Arbitrators (Singapore) Ltd (CIArb) and is on the Faculty of CIArb where he teaches arbitration courses conducted by CIArb. He is a member of the Singapore Academy of Law, Law Reform Committee.

Paul has served as a member of the ICC Singapore Nomination Commission, the body responsible for nominating arbitrators for ICC arbitrations.

He is the General Editor of the Practical Guide to the SIAC Rules, the leading commentary on the SIAC Rules.

He is right at the top of his game – among the best in the region and indeed globally”.

Chambers Asia Pacific Singapore : 2023

Speaker

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Miranda Liu

Miranda is a senior partner of Stellex Law Firm based in Taipei Taiwan. Her practice mainly focuses on domestic and cross-border investments, construction disputes and various development projects. With her architecture background, she has advised major contractors in construction disputes in many high-value projects, including metro systems, airport, LNG storage facility, power plants, production facilities, etc. In recent years, she advised numerous clients in development and transactions involving renewable energy projects, including wind, solar and geothermal power. She is currently active in IPBA as the vice chair of the International Construction Project Committee and a committee member of the Energy Committee of the Taipei Bar Association.