Christopher J P Miers

Transcription

1 CEDR Accreditation: CEDR Panel Admission: Languages: Location: English, Spanish (Good Level) French (Intermediate) United Kingdom Christopher J P Miers BA (Hons), DipArch, MSc (Constr.Law), DipICArb, RIBA, FCIArb, MAE Overview Regularly instructed in respect of the avoidance and resolution of construction disputes. Experienced in Africa, Asia, Caribbean, CIS, Europe and the Middle East and regularly working in Latin America. Professional Background Christopher Miers is Chartered Architect, Chartered Arbitrator, Mediator, Adjudicator and a Dispute Board Member, qualified both as an architect and in construction law. He is the CEO of Probyn Miers, leaders in Forensic Analysis and International Dispute Avoidance and Resolution with offices in London and Dubai. Expertise Construction & Engineering 1

2 Dispute Experience (Non-Neutral work in italics) Construction & Engineering Quality of construction, materials and workmanship; Delay and disruption; extensions of time; suitability and timing of design information; programming; preparation and issue of construction information; contract management, Interpretation of contractual obligations; Payment, certification and valuation of works; Taking Over and completion of the works; Building design and construction - all forms, including associated infrastructure with roads and tunnels; power stations; high-rise/tower buildings; international airports; international hotels; sports and leisure; hospitals/medical & laboratory; urban regeneration, civil works, national heritage buildings; retail and housing. Other Dispute Resolution Experience Dispute Board Member on current construction and infrastructure projects, including: the 15 billion ITER Fusion for Energy Power Generation project (EC Atomic Energy Treaty); US$1.5 billion new underground Metro system; and Conflict Avoidance Panel member on the 12 billion London Underground project (stations section). Adjudicator or Arbitrator in excess of 125 construction references under institutional and ad hoc procedures on issues of Quality of construction, Extensions of time, Payment, Design, Completion and Taking Over, and Professional Fees. These disputes include main contract, subcontract and professional services disputes. Mediator in over 30 construction disputes, including Owner-Contractor, Owner-Consultant and Contractor-Subcontractor disputes. Expert witness, including ICC Tribunal expert and Single Joint Expert, in over 250 disputes. Expert determiner in construction disputes. Other confidential appointments. 2

3 Standard Forms Of Contract Familiarity FIDIC (1999 onwards, all forms), JCT (all forms), NEC3, AIA, RIAI and other standard and specialist forms. Member, contract drafting committee, JCT. Professional Skills FIDIC President s List of Approved Dispute Adjudicators. Rio 2016 Olympics and Paralympic Comitê de Resolução de Disputas panel Chairman. Past President (International region) of the Dispute Resolution Board Foundation (DRBF). Dispute Board Member on the 15 billion ITER Fusion for Energy project involving major civil engineering and nuclear power. Adjudicator Member on the Conflict Avoidance Panel for London Crossrail stations (part of the 7 billion major tunnelling and rail works). Dispute Board Member on a 1.5 billion new underground Metro project. Panel of Arbitrators member for the Chartered Institute of Arbitrators (CIArb), the Royal Institute of British Architects (RIBA), RICS MENEA panel, and an accredited Mediator with the Centre for Effective Dispute Resolution (CEDR). DIAC (Dubai International Arbitration Centre) Listed Arbitrator Panel of Adjudicators member with CIArb, RIBA, CEDR, RICS, the Construction Industry Council, Chartered Institute of Building and the Contractors Legal Group in UK. Visiting Professor at Peking University School of Transnational Law and visiting lecturer at Universities in UK, lecturing on international Dispute Resolution. RIBA representative to the UK Construction Industry Council Appeals Tribunal, and an RIBA representative on the Joint Contracts Tribunal. Extensive experience as Arbitrator, Adjudicator and Mediator appointed in over 125 construction projects. Extensive experience as Expert Witness in over 250 cases in arbitration, litigation, mediation and adjudication including international ICC cases. Wide experience in complex projects up to 15 billion and on claims in excess of US$150M. Past Chairman of the Society of Construction Law, UK. 3

4 The Honorary Secretary to the Society of Construction Arbitrators. His advisory and negotiating roles have covered a wide range of multi-disciplined building and infrastructural projects worldwide: in Azerbaijan, Bahrain, Brazil, Caribbean, Costa Rica, France, India, Ireland, Italy, Japan, Kosovo, Morocco, Nepal, New Zealand, Oman, Portugal, Qatar, Sudan, Tanzania, United Arab Emirates, Ukraine and the United Kingdom. Qualifications Bachelor of Arts (Hons.) degree, University of Bristol (1979) Diploma in Architecture, University of Bristol (1982) Master s degree in Construction Law & Arbitration, Kings College, University of London (1991) Diploma in International Commercial Arbitration, CIArb at Keble College, Oxford University (2008) Chartered Architect Chartered Arbitrator Accredited Mediator Visiting Professor Peking University of Transnational Law Fellow, Chartered Institute of Arbitrators, UK Member, Royal Institute of British Architects Arbitrator Member, Society of Construction Arbitrators, UK Freeman and Liveryman, Worshipful Company of Arbitrators Fellow, Dispute Board Federation Board Member, Dispute Resolution Board Foundation Member, Academy of Experts Memberships International Dispute Resolution Panel Membership FIDIC President s List of Approved Dispute Adjudicators DRBF Dispute Resolution Board Foundation, Dispute Board Member CIArb Panel, Listed Arbitrator and Adjudicator 4

5 RICS Dispute Board panel member and MENA Arbitrator DIAC Listed Arbitrator UK Dispute Resolution Panel Membership RIBA Panel Listed Arbitrator, Adjudicator and Mediator CEDR Panel Listed Adjudicator RICS Panel Listed Arbitrator, Adjudicator and Dispute Board Member CIOB Panel Listed Adjudicator Resolex Panel Listed Construction Mediator Contractors Legal Group, Listed Adjudicator CIC Panel Adjudicator Membership of Professional Bodies DRBF Past President (International region) FIDIC President s List CIArb Fellow (Chartered Institute of Arbitrators, UK) RIBA (Royal Institute of British Architects) RICS MENA Arbitrator and Dispute Board member DBF Fellow SCA Arbitrator (Society of Construction Arbitrators UK) Freeman and Liveryman, Worshipful Company of Arbitrators Member, Academy of Experts Publications Books Delay and Disruption in Construction Contracts, 5 th Edition, publ. Informa Law from Routledge. Contributing author. 5

6 Protocol for Determining Extensions of time and Compensation for Delay and Disruption. SCL. Contributor. Architect s Legal Handbook. Publ. Architectural Press. Contributor 8 th & 9 th editions (guide to Mediation) Hospital Design Guide (main entrances). Publ. HMSO & NHS Estates. Author Hospital Design Guide (day nurseries). Publ. HMSO & NHS Estates. Author Kirtipur, Nepal. Publ. Araxus Books. Contributor (Newari House) Recent Articles (A Selection) Presented numerous papers for lectures and training workshops on construction dispute resolution issues, including FIDIC contracts, Dispute Boards, Adjudication and Expert evidence worldwide. El uso de la adjudicación en el Reino Unido, Arbitraje y resolución de controversias, Tecniberia, Spain. The Use of Adjudication DRBs, article, DRBF Forum magazine. Changing legal landscape, article, CES Construction Law Review. Investigation of defects, article, Construction Law Journal. Benefit from a Dispute Resolution Board on your Project article (Probyn Miers Perspective Newsletter) DABs and DRBs: a comparison and commentary. DRBF Forum magazine TEDx LA Carolina, Quito (March 2014): How to avoid a disagreement escalating into a dispute. Regular articles in Probyn Miers Perspective Newsletter. 6