Neutrals

Neutrals


Arbitration

All the members linked to from this page are Chartered Arbitrators. Members of the Technology and Construction Group regularly act for parties in building and engineering arbitrations.

International Arbitration

The following are experts in International Arbitration:

Peter Aeberli
DiplCArb, RIBA, ARIAS, FCIArb, Barrister, Chartered Arbitrator

Chartered Architect, Experienced Arbitrator, Adjudicator and Mediator on two and multi party construction disputes. Listed on numerous panels including the FIDIC list of dispute adjudicators, the ICC Canadian National Committee Panel of International Commercial Arbitrators, the CPR Roster of arbitrators and mediators and the ICDR (American Arbitration Association) panel of international arbitrators. Appointed to the London 2012 Adjudication Panel.

Tony Bingham
Barrister, FCIOB, FCIArb, MRICS, MinstCES, IChemE and FIDIC

Has been a practising Arbitrator since 1982 and Adjudicator since 1998 and Mediator. Has significant experience as tribunal member in UK and International construction and engineering disputes. Practising barrister since 1992, following 20 year career in construction.

Stuart Kennedy
Barrister, Chartered Arbitrator, Chartered Surveyor, Adjudicator, Mediator, Solicitor and Barrister in St Vincent and the Grenadines

Has extensive experience of construction and engineering contracts and disputes on international projects in UK, Europe the Caribbean and Far East. Particular specialism in construction disputes in the Caribbean. Member of the Eastern Caribbean Bar Association. Highly skilled advocate, arbitrator and negotiator.

Ian Edge
LLM, MCIArb, MEI, Barrister, Chartered Arbitrator, Accredited Mediator

Director of the Centre of Islamic and Middle East Law in the University of London. Expert on Islamic and Middle East Law including Egypt, Saudi Arabia, the UAE and other Gulf States. Appointed to the panel of the Egyptian International Arbitration Centre. Extensive experience on construction and commercial contracts and disputes in the Middle East particularly in the oil and gas field.

Adjudication

Adjudication has become an immensely important process for resolving disputes in the construction industry since it was introduced by the Housing Grants, Construction and Regeneration Act 1996. Members of Chambers have been involved in this process from the start – and before.

Tony Bingham is an acknowledged authority on all aspects of adjudication. He has lectured and trained adjudicators and frequently acts both as an adjudicator and for parties to adjudications. Other qualified adjudicators in Chambers include Peter Aeberli and Stuart Kennedy.

Other members of the Technology and construction group frequently act in adjudications.

Mediation

Mediation is a structured form of negotiation in which a trained, neutral outsider assists the parties to find a mutually satisfactory outcome to their dispute. It usually includes a prolonged phase of 'shuttle diplomacy' – the parties separated and the mediator going back and forth between them. During this phase, each party can discuss the case frankly and confidentially with the mediator. He will only pass information on to the other side with express agreement.

Everyone listed on this page is either a qualified mediator or a trained/accredited mediation advocate. Several of our mediators are nationally recognised in their fields. Members of Chambers regularly participate in mediations, either in the course of conducting the underlying dispute or because they have been specifically instructed for the mediation.

Early Neutral Evaluation

Adjudication has recently become an established Alternative Dispute Resolution (ADR) process in construction disputes, and Mediation is increasingly used and is actively encouraged by the Courts. Early Neutral Evaluation is now emerging as an effective and economical tool in analysing and resolving construction disputes.

At its simplest, Early Neutral Evaluation (ENE) is a process in which a neutral third party examines the evidence and listens to the parties’ positions, and then gives the parties his or her evaluation of the dispute. However, ENE is a flexible and beneficial process and in the hands of a skilled neutral evaluator, it can go way beyond someone simply hearing the facts of a case then deciding a number or outcome. Just as there are many different 'styles' of mediation (directive or non-directive; caucus or non-caucus; evaluative or facilitative; etc.), and just as there are many forms of arbitration, so too there are many different things that happen under the general rubric of ENE.

Stuart Kennedy is now increasingly involved in this relatively new form of dispute resolution and is one of the few experts in the UK in this area of law. Stuart has conducted a number of ENE's where his skill and expertise as a Barrister and a Chartered Surveyor has assisted the parties in understanding and resolving their dispute.