RICS and other industry representatives and experts, gathered this month, for the first ever RICS ADR Symposium themed 'Driving Change: New Perspectives on ADR in the MENA Built Environment'. The goal of the event was to raise the profile of ADR in the MENA BE sector and to explore the latest international developments in the field and the urgent need to apply them in the Region.
The symposium was held in Dubai at the Ritz Carlton DIFC, and focused via a range of interactive discussions and panel sessions on the current state of ADR in the Region, including an innovative mock case on the effective use of Expert Witnesses in Built Environment disputes.
The idea of the event developed out of a desire both to raise the profile of the RICS brand in the Region, and to engage with relevant industry stakeholders to have an open and frank discussion on how RICS, as an independent professional body, can drive change in the adoption and use of ADR in the built environment sector.
"As the independent body regulating and enforcing standards in the Property and Construction industries, we feel hosting such a symposium offers an ideal platform for RICS MENA to demonstrate how we can help drive positive change relating to Alternative Dispute Resolution, Expert Witness and Conflict Avoidance within the Built Environment. The opportunities for innovation and value creation in this space are almost limitless and the ambitious growth of the Built Environment sector needs to adopt new ways of resolving or avoiding conflict. The current common practices are expensive and time consuming and often lead to a breakdown in relationships between parties. This environment is not conducive to a high performing and efficient industry sector."
Robert Jackson, Director RICS MENA
The symposium keynote speaker was HH Frances Kirkham CBE, retired Judge of the UK Technology and Construction Court and Justice of the Qatar International Court and Dispute Resolution Centre.
The Symposium explored issues specific to the current contracting environment in the Built Environment and discussed how to best avoid /confront existing legal challenges in the region with robust discussions on the UAE, Saudi and Qatari markets. The event was tailored to professionals who want to keep up to date on the latest alternative dispute resolution developments in the MENA region and gathered practising lawyers, corporate counsel, arbitrators, mediators, business professionals and academics coming from or doing business in the region.
"When we talk about ADR in the Built Environment, the challenges facing the sector include increasing timescales, massive costs and problems with the enforceability of awards, which is why we are now strongly advocating other forms of ADR and dispute avoidance - such as the RICS Conflict Avoidance Panel service - aimed at 'nipping issues in the bud' before they even escalate to a point of dispute between parties."
John Fletcher, Global Director of Dispute Resolution Services at RICS
Business professionals, regulators, and courts in the MENA are also fundamentally changing their perception of arbitration, evidenced by the proliferation in the market recently of events on the subject. It is already the preferred method to resolve cross-border commercial disputes in the Region, however arbitration is itself not without its challenges.
Over the last four years, RICS has led the way in taking a progressive approach to ADR in the MENA Built Environment. Dr. Fletcher illustrated this with reference to Collaborative Contracting and the Conflict Avoidance Panels (CAPs) service RICS Dispute Resolution Service has recently developed for and is currently using with Transport for London (TfL) and all its major delivery partners, including Laing O'Rourke, Costain, Taylor Woodrow and BAM.
RICS is also leading the way with the introduction of its robust built environment-specific ACRE Mediation Service, in which sector expert mediators bring their skills and experience to bear in steering the parties through the strengths and weaknesses of their cases, to reach a common sense commercial settlement.
Coming up to its 40th year offering ADR services, this will be one among many RICS symposia to discuss ADR solutions and collaborations. RICS is currently moving proactively towards building up a panel of arbitrators in MENA and is also set to launch its International Diploma in Arbitration in the Region later this year.
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For more information, please contact
RICS MENA
Maryanne Sacks
Marketing & Communications Manager
msacks@rics.org or Tel: +971 04 3753075
About RICS:
RICS promotes and enforces the highest professional qualifications and standards in the development and
management of land, real estate, construction and infrastructure. Our name promises the consistent delivery of standards - bringing confidence to the markets we serve. We accredit 118,000 professionals and any individual or firm registered with RICS is subject to our quality assurance. With offices covering the major political and financial centres of the world, our market presence means we are ideally placed to influence policy and embed professional standards. We work at a cross-governmental level, delivering international standards that will support a safe and vibrant marketplace in land, real estate, construction and infrastructure, for the benefit of all.
© Press Release 2015
