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KLRCA Talk Series: Role of Expert Witnesses in International Arbitration How can we help you? Type y
17 Apr 2015 /6:00 PM - 7:30 PM /KLRCA Bangunan Sulaiman, Kuala Lumpur

The use of experts in international arbitration in commonplace, but the associated costs can be significant. This discussion between two practicing expert witnesses will discuss the practicalities of using experts and the ways in which they can be used more efficiently. The discussion will also explore matters such as the independence of experts.

Speakers & Moderator Profiles

MICHAEL TONKIN

Vice President, Hill International Inc (Middle East and Asia)

Michael Tonkin is a Chartered Quantity Surveyor, Chartered Arbitrator and testifying expert witness in quantum with 25 years’ experience in the construction industry.

Michael has provided commercial advice to a variety of clients on a wide range of projects, forms of contract and modes of procurement. He has extensive experience of many of the major standard forms of contract and has been employed by government bodies, large private companies and contractors/sub-contractors to advise on commercial matters and procurement.

Michael has extensive experience of commercial negotiations in major projects, particularly where bespoke contracts and innovative methods of procurement have been used. He regularly provides advice on formal dispute resolution, dispute avoidance and procurement. He has been involved in many types of construction including residential, commercial, MEP, waste water treatment works, water, power, civils, building, leisure, oil & gas, regeneration and more, acting for all parties.

He is a testifying expert witness in quantum and has been instructed numerous times as an expert witness, a single joint expert witness and an independent expert. Additional areas of expertise include commercial management, contract management, negotiation, strategic advice, risk management and third party financial reporting.

Michael has been appointed as arbitrator on more than 50 occasions (as sole arbitrator, Chairman of a tribunal of three, and co-arbitrator) under the auspices of ICC, LCIA, DIAC, ADCCAC and the TAI. He also acts as dispute resolver in other ADR such as adjudication and DAB’s.

Michael is a Trustee of the Chartered Institute of Arbitrators and a past Chairman and Vice Chairman of the UAE Branch.

JAMES LYALL

Vice President, Hill International (Ausatralia) Pty Ltd

James Lyall has fifteen years’ experience in the construction and engineering industries providing planning, project and programme management, forensic delay analysis and claims management services to clients in the UK and internationally. He is masters qualified from the University of London and a member of the Chartered Institute of Arbitrators. James has major claims experience in Europe, Middle East, and Africa and has worked on a number of high profile oil & gas, civil engineering, building, and transport disputes.

As a project manager and planner, James worked on many commercial, residential and leisure facilities in the UK

focusing on the delivery of the MEP services. James was also seconded to London Underground to provide project management and programme recovery services on a major civil engineering and transportation project in central London.

James now regularly advises on planning and programming issues on major projects throughout the Middle East, Australia, Asia and Africa and is often appointed as the commission lead on many of Hill International’s most complex and technically demanding claims assignments. He has a proven ability to apply sophisticated planning techniques and present the same using simple, easily understood graphics, illustrations and high quality presentations. James has acted as a single joint Expert, is currently undertaking Expert commissions and assisted in the peer review of other Experts reports. He has also acted as the lead delay analyst supporting the testifying Experts on numerous proceedings in international arbitration and the Technology and Construction Courts in the UK.

KUHENDRAN THANAPALASINGAM

Kuhendran Thanapalasingam is a partner in the Dispute Resolution practice group. He holds a Bachelor of Laws (Hons) degree from the University of Leicester, United Kingdom. He is a Solicitor of the Supreme Court of England & Wales and was admitted as an Advocate & Solicitor of the High Court of Malaya in 1992. He is also a Fellow of the Chartered Institute of Arbitrators.

Kuhendran is involved in arbitration and litigation, particularly in construction and engineering related disputes. Apart from his experience in dispute resolution, he has also advised on different aspects of construction and engineering law. In addition, he has drafted and vetted various construction and engineering related contracts.

CPD Points

Malaysian Bar – 1 CPD Point (T3/17042015/KLRCA/KL152216/1) 

For More Information

For more information about this talk, please do not hesitate to e-mail ([email protected]). Registration can be made via e-mail or call us at 03-2271 1000 

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