International Construction Projects + Dispute Resolution and Arbitration The Psychology of Decision Making and Rethinking the Art of Advocacy in International Construction Disputes

Date
Saturday, April 27
Time
9:00-10:30
Location (Room)
La lune

This session provides insight into the psychology behind the nature of deliberations and decision-making, including conscious and unconscious bias, and the importance of presentation content and style on decision outcomes. Based on this newly-developed science into decision-making, the panel will discuss practical techniques for the arbitration advocate to maximize the impact and persuasiveness of case presentations. The session will address topics relevant to written and oral advocacy, particularly in complex arbitrations such as large scale international construction disputes, where the confluence of voluminous documents, multiple factual and expert witnesses and technical issues make advocacy particularly challenging and interesting.

Moderator

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Steven Y H Lim

Steven is an arbitrator and barrister. He has over 110 appointments as presiding, sole, co-arbitrator and emergency arbitrator, seated in Singapore, England, USA, India, South Korea, Thailand, and Vietnam. He is a member of the English and Singapore bars.

Steven is recommended as “the perfect arbitrator”, “he is always on top of his cases and has a very good judgment and excellent manner”, “he manages cases very well, instilled confidence in the parties and demonstrates confidence, competence and ability in dealing with cases”, “is thorough in his preparation, inquisitive in his questioning and rigorous in his analysis”, “has a remarkable talent for dissecting intricate legal matters and identifying key issues”, “he skilfully navigates complex legal issues”, “his strength lies in his exceptional analytical abilities”, “he possesses a very sharp mind”, “his awards are well-reasoned and clear”, “a fair-minded and extremely capable arbitrator”, “all the representatives and parties came away thinking they got a very good and fair hearing”, “an outstanding up-and-coming superstar with a nice and sensible manner”.

Speaker

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Sadaff Habib

Sadaff Habib is an independent arbitrator based in Dubai, UAE. Born and raised in Kenya with Indian roots, she is a qualified attorney in New York. Sadaff has extensive experience in international arbitration, including disputes involving construction, infrastructure, property, commercial, desalination plants, and solar power projects. Prior to going independent, Sadaff worked with international law firms such as Beale & Co and Fenwick Elliott. Sadaff is recognized as a Future Leader by Who’s Who Legal and is also ranked in Who’s Who Legal as a Global Elite Thought Leader. She also holds a ranking in the Legal 500 Middle East Construction, where she is acknowledged for building a reputable presence in international arbitration as an arbitrator.

Speaker

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Ankit Khushu

Ms. Ankit Khushu graduated from Amity Law School, IP University, Delhi and was ranked amongst the top students of the University. She enrolled as a lawyer in 2008. Her primary focus is on arbitration, infrastructure, power and construction. She regularly acts for clients in high stake cross-border arbitrations, including in construction disputes.

She has been recognized as a ‘Next Generation Partner’ in the Dispute Resolution - Litigation section of ‘The Legal 500: Asia Pacific’ since 2021. She also features in the BW Legal World ‘40 under 40’ lawyers, legal leaders and legal influencers list for 2021 (all India list) and has recently featured in the all India Forbes Legal Powerlist 2022.

Speaker

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Jeremy Nicholson KC

Jeremy is a barrister & arbitrator with experience over many years of commercial disputes, and especially construction & engineering.

He has been involved in every type of dispute resolution, across a huge range of projects and disputes. He has been appointed as arbitrator, adjudicator, dispute board member, and mediator, in addition to counsel work. In the last 12 months, he has presided in 4 arbitrations, in Qatar and London; sat as an arbitrator in 4 other arbitrations, seated in Dubai, Geneva and London; chaired a dispute board, in an ongoing project in Africa; mediated disputes in 4 major projects, in Saudi Arabia and the UK; and acted as counsel in disputes in 9 other major projects.

Ranked by legal directories as a leading silk since appointment in 2000, his clients have included AECOM, AIG, AMEC, Arup, Aviva, Axa, British Airways, City of London, IBM, Marks & Spencer, Ramboll, RSA, the UK Government, and Zurich Insurance. He has an outstanding track record in achieving successful conclusions to major and difficult cases; and is known for mastery of technical detail, lateral thinking, strategic advice, and team leadership in large and complex disputes.

He is on the arbitrator panels or lists of AIAC, CIETAC, HKIAC and other arbitral institutions; and a member of the Expert Advisory Committee of the Permanent Forum of China Construction Law.

Speaker

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Matthew Christensen

Matthew Christensen is a senior foreign attorney in the international arbitration and cross-border litigation practice group of Kim & Chang in Seoul, Korea. Over the course of his career, he has acted for a broad range of private and public sector clients in dozens of substantial international arbitration cases under the rules of most major institutions.

Matthew is the immediate past co-Chair of the International Construction Projects Committee of the IPBA and has often acted for clients in large and complex construction and energy disputes.

A Fellow of the Chartered Institute of Arbitrators, Matthew was honoured for his contributions to the practice of international arbitration in Korea by the ROK’s Ministry of Trade, Industry and Energy in 2015. He is also a NITA Advocate and past recipient of an Excellence in Advocacy Award from the Singapore International Arbitration Academy.

Matthew is recognised as one of the top dispute resolution practitioners in Korea by Legal 500 and Chambers and Partners (Band 1), where he is noted for his “keen understanding of Korean disputes honed through experience" and “strong advocacy and effective cross-examination style.” He has also been listed as a “Thought Leader” in Arbitration and Construction by Who’s Who Legal, where it is said that he “commands the highest respect not just as an arbitrator but as a person.”

A native of Salt Lake City, Utah, Matthew received his law degree from Harvard Law School and also holds an A.M. degree in East Asian regional studies from Harvard University as well as an Honors B.A. in English Literature from the University of Utah.

Matthew speaks Korean fluently but continues to struggle with Japanese.

Speaker

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Chris Boog

Christopher Boog is Vice-Chair of the International Arbitration Practice Group at Schellenberg Wittmer. He divides his time between the firms Zurich and Singapore offices.

He is also the President of the Court of the Swiss Arbitration Centre.

Chris represents clients in complex international commercial, investment and sports arbitrations, and sits as arbitrator in civil and common law jurisdictions around the world under all leading arbitration rules. He has particular expertise in complex construction and engineering disputes, including in the Middle East.

Chris is ranked as one of a small number of Global Elite Thought Leaders by Who's Who Legal Arbitration recognizing lawyers "at the peak of the profession". He was the 2020 recipient of the ASA Prize for Advocacy in International Commercial Arbitration, awarded every two years to international arbitration counsel to recognize exceptional advocacy.

Chris has been described as "one of the best in the business" and "one of the stars in international arbitration" (Who's Who Legal). According to clients and peers, he is "exceptional in all respects", "outstanding", "just brilliant" and "one of the best advocates I have ever seen" (Who's Who Legal). The same directory remarks that “Christopher has superb control during complex hearings", is "well organised and in control of his cases" and "is absolutely excellent for dispute resolution within the construction industry". Other sources report that he is "brilliant and to-the-point" and "always provides solutions, which really makes him stand out; we don't have to wait long for a solution that is based on a sound, thought-out point of view" (Chambers Global). According to another client Chris "has superb analytical and advocacy skills. He is admired for his ability to explain (orally and in writing) complex technical or factual issues in simple terms" (Legal 500).