As part of our campus outreach program initiative, Link Legal India Law Services was invited by Symbiosis Law School Noida on 17th January, 2018 to hold an interactive session with the students and share their practical experiences on Construction Disputes. Link Legal had earlier conducted a session on “Recent amendments in the arbitration and international best practices in arbitration”, which was very well attended and appreciated.
Mr. Martin Harman, CBE, our Chair International Business and Mr. Atul Sharma, our Managing Partner took out valuable time from their schedules and interacted with the students and shared their intriguing practical experiences while representing clients in construction disputes.
A combination of environmental and behavioural factors can often lead to construction disputes. Projects are usually long-term transactions with high uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. As a result, situations often arise that are not clearly addressed by the contract. The session was organised to provide an insight into the uncertainty, contractual problems and behaviour attached with construction disputes. Mr. Harman and Mr. Sharma also shared their insights on how the concept of arbitration has evolved in construction disputes and thereafter discussed various issues that should be dealt with at the initial stage of drafting a construction contract and discussed practical problems faced by lawyers during negotiations in relation to a dispute. Also, the session covered the key ingredients that are essential to draft a good arbitration clause in such construction contracts and the need for checking the enforceability of such arbitration clause in various jurisdictions before incorporating it.
The session was followed by a question and answer round, where Mr. Sharma and Mr. Harman responded to the queries raised by the students, making the students understand issues through a prism of practical experience.
The session concluded with the Director of Symbiosis Law School, Dr. C.J. Rawandale, addressing a few points on construction disputes in continuation of the theme of the interactive session.
Around 95 students participated in the interactive session. The session paves the way for Link Legal and Symbiosis Law School, Noida to take forward their relationship and continue to hold such sessions on relevant topics.