International Construction Projects + Insolvency Where Restructuring Meets the Road: the Intersection of Construction Law and Insolvency

Date
Thursday, April 25
Time
16:00-17:30
Location (Room)
La lumière

Insolvency and liquidation are increasingly commonplace in the construction, infrastructure and energy sectors, the more so in the post pandemic world with erratic, unpredictable, and budget-breaking cost escalations on projects.

In this session the speakers propose to discuss the following aspects and issues in different jurisdictions:

  • Examine the enforceability of contractual obligations set out in standard forms of construction and engineering contractson a party’s insolvency or liquidation as codified in insolvency legislation;
  • Remedies available to a creditor to seize the assets of the project company in an enforcement;
  • Priority of claims in insolvency: Understanding the hierarchy of claims in insolvency proceedings and how it applies to construction related debts;
  • Protection of IP rights in the context of design, innovation and construction projects;
  • Labour and employment payment, compensation issues of employees - on payrolls or contract, in construction projects during insolvency.

Moderator

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Karen Gough

Moderator

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Vivek Daswaney

Vivek Daswaney has more than 25 years of legal experience and is a founder partner of the law firm V Law Partners, Advocates & Solicitors. His qualifications include LL.M and Solicitor qualified with The Bombay Incorporated Law Society and The Law Society England & Wales. In his legal journey, he has been seconded as in-house legal, worked at a law firm in London and been a partner in a couple of large law firms in Mumbai.

His practice area includes mergers & acquisitions, insolvency structuring, employment, real estate and general corporate commercial advisory. His diverse experience and involvement in various areas of law over the years equips him in business structuring during M&A, insolvency resolution involving employment and HR related issues, and handholding clients through the process keeping all aspects of corporate, real estate, employment, IPR, tax laws in perspective. As part of his practice revolving around employment and insolvency, he is often consulted on data management and protection related matters.   

Vivek was one of the four Scholars selected to visit The Netherlands in April-May 2004 in the Group Study Exchange Program sponsored by the Rotary International. He is a certified Insolvency Professional. He has authored a book on real estate development and is often invited to speak in conferences and seminars across India and is also presently associated with a few law & management colleges in Mumbai as a visiting faculty.

Speaker

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Vyapak Desai

Speaker

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John Birch

John is a partner of Cassels Brock & Blackwell LLP, a major national Canadian full-service law firm. He has been a member of the firm for 27 years and is based in its Toronto office.

John is a graduate of Trinity College, University of Toronto (B.A. (with high distinction), International Relations, 1991), Osgoode Hall Law School (LL.B., 1995) and the Schulich School of Business, York University (M.B.A., 1995).

His practice focuses on insolvency and commercial litigation and arbitration. In his insolvency practice, John has acted for insolvent companies, Monitors, trustees, receivers, and secured and unsecured creditors. At the moment, John is acting as counsel to the court-appointed Monitor in the Companies’ Creditors Arrangement Act proceedings of BRON Media Group, which operates a live action and digital film and television business. John has also been involved in multiple construction and real estate development insolvency matters over the last several years, including Bondfield Construction Company Limited and Hazelton Development Corporation.

In his litigation practice, John represents clients in a wide range of commercial disputes, including those related to secured lending, Aboriginal matters, and financial services.

John has been involved in the Inter-Pacific Bar Association for more than 10 years, including acting as Co-Chair of the Insolvency Committee (2018-2022) and Vice Chair (2014-2018).

In 2023, he ended his term as Chair of the Advocacy Practice Group of Cassels Brock & Blackwell LLP. John is a member of his law firm’s Audit and Risk Management Committee and previously served for nine years as General Counsel, while still maintaining his litigation and insolvency practice.

He has been recognized for his work in the Legal 500 Canada for dispute resolution, by the IFLR 1000 for financial restructuring, and by the Canadian Legal Lexpert Directory (for Insolvency—IFinancial Restructuring and Insolvency—Insolvency Litigation). John speaks frequently at conferences in Canada and abroad on matters of insolvency and he is an author of various chapters of the Canada-U.S. Commercial Law Guide (Thomson Reuters) and Commercial Lending Law, Second Edition (American Bar Association) and of the insolvency commentary in Q&A Overview of Construction Projects in Canada published by Thomson Reuters for Practical Law.

Speaker

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Lam Ko Luen

Ko Luen is a Partner of the firm of Shook Lin & Bok, Kuala Lumpur where he heads the Building, Construction & Engineering department, the Arbitration (International & Domestic) department and the Insurance department. He was the President of The Malaysian Institute of Arbitrators (MIArb) from June 2013 to June 2015.

Ko Luen has been in practice for over 27 years and he appears as counsel in court, arbitration and adjudication hearings and also sits as an arbitrator and adjudicator. He is currently listed in the panel of arbitrators of the AIAC, BICAM, HIAC, KCAB International, MIArb, SCIA, SCIAHK and THAC. He is also a member of List of Arbitrators of HKIAC and in the panel of adjudicators of AIAC.

Ko Luen has contributed in several legal publications including a chapter in the textbook “The Developing World of Arbitration – A Comparative Study of Arbitration Reform in the Asia Pacific” by Hart Publishing, in the CDR “Essential Intelligence: The Belt and Road Initiative”, published by Global Legal Group, London, in the textbook Law and Practice of Injunctions in Malaysia by Sweet & Maxwell, in the textbook Law and Practice of Construction Law in Malaysia by Sweet & Maxwell and “Malaysian chapter on Construction Law”, part of the Chambers Global Practice Guides published by Chambers and Partners.

Ko Luen has also gained recognition in the field in various publications including Chambers & Partners Asia, The Legal 500, Benchmark Litigation Asia Pacific, Asialaw Profiles and IFLR1000 and has been named as one of the ‘10 Top Influential Construction Dispute Resolution Lawyers in Malaysia for 2023’ in Business Today Lawyer Awards 2023 (July 20, 2023).

Speaker

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Yuri Sugano