Peter Chapman

Overview

Peter is a Chartered Civil Engineer, Barrister-at-Law, Chartered Arbitrator, Adjudicator and Conciliator/Mediator for international construction disputes. Peter has been associated with major projects throughout his career and, alongside his arbitration practice, he has specialised in dispute boards.  He chaired the dispute boards for the London Olympics Venue and Infrastructure construction, Istanbul Metro, New Panama Canal, Lesotho Highlands Water Project, New Forth Road Bridge, Dublin Port Tunnel, HS1 London to Folkstone highspeed rail link and many others.  He aims to bring his experience as both a chartered civil engineer and lawyer to the work he undertakes in dispute resolution.

As an adjudicator and dispute board chairman or member he has given over 500 decisions given in jurisdictions in UK, Ireland, Iceland, Finland, Germany, Hong Kong, China, India, Pakistan, Laos, Nepal, Myanmar, Turkey, Jordan, Ukraine, Kazakhstan, Kyrgyzstan, Moldova, South Africa, Lesotho, Mozambique, Kenya, Zanzibar, Indonesia, Romania, Luxembourg, Lithuania, Vietnam, Bahamas, St Lucia, Panama, Costa Rica, Mexico, Trinidad, Montenegro, Latvia, Uganda, Madagascar, Sri Lanka, Serbia, Bangladesh, Taiwan, Kazakhstan, Kyrgyzstan and elsewhere. He has served as member and chairman (60) on over 140 dispute boards (technical and financial) and had over 20 appointments as sole FIDIC Disputes Review Expert/DAB for contracts covering traditional, design and construct, turnkey and concession (PFI, PPP) contracts. He has given 75 decisions under UK statutory adjudication schemes. No decision has been overturned by the courts or at arbitration. His experience includes working under contracts devised by the World Bank, FIDIC, JICA, EDF, UK Construction Act 1996, and other statutory schemes and associated amendments. He has drafted numerous contractual provisions and procedures for adjudication and dispute boards including the full contract documentation for the Bangkok metro.

As an arbitrator, Peter has conducted approximately 130 construction references in jurisdictions including UK, Singapore, Hong Kong, Malaysia, Vietnam, USA, Canada, Thailand, UAE, Oman, Saudi Arabia, Qatar, Bahrain, Kuwait, Malawi, Ghana, Nigeria, Burkina Faso, Georgia, Trinidad, Mustique, Philippines, Vietnam, South Africa, Tanzania, Turkey, Bulgaria, Serbia, Romania, Macedonia and Poland governed by institutional and ad hoc procedures. His arbitrations include disputes involving main contract, subcontract and professional services disputes with amounts in issue up to US$1.6 billion.  He has served as sole arbitrator and on arbitral tribunals (as party-appointed member and chairman) under ICE, ICC, DIAC, ADCCAC, UNCITRAL, LCIA, EDF, VIAC, SIAC, LMAA and ad hoc arbitration procedures.  Further details of his detailed arbitration experience are available upon request.

Peter has undertaken mediations on approximately 70 domestic and international construction disputes of which approximately 60 were settled as a result of the mediation process. He was successful in acting as sole mediator on the US$18 billion Qatar ‘Pearl GTL Plant’.

Before turning to dispute resolution, Peter acted as ‘The Engineer’ under FIDIC/ICE contracts, giving numerous Engineer’s Decisions and Determinations covering most types of claims.  He also acted as Party Representative and as legal counsel in dispute resolution proceedings and as lead negotiator with the objective of amicable settlements of disputes and differences.  He has appeared as an expert in arbitrations giving opinions on FIDIC provisions.

Peter is familiar with disputes and claims concerning delay and disruption, time extensions, prolongation, prevention, breach of contract, contract interpretation, conflicting documentation, back-to-back agreements, differing site conditions, payment provisions, measurement, valuation, construction quality, design obligations, scope of services, final account, price escalation, conflict of laws, termination, operating obligations, etc.

Country Experience

During the course of his career, Peter has worked in UK, Hong Kong, China, Singapore, Malaysia, Thailand, Denmark, Libya, Lesotho, South Africa, Uganda, Malawi, Ghana, Indonesia, Philippines, USA, Canada, Switzerland, Italy, Ireland, Finland, Iceland, UAE, Oman, Qatar, Jordan, Kuwait, Bahrain, Saudi Arabia, Panama, Moldova, Ukraine, Montenegro, Latvia, Isle of Man, Romania, Lithuania, Germany, Turkey, Georgia, Poland, Bulgaria, Serbia, Sri Lanka, India, Pakistan, Nepal, Bangladesh, Nigeria, Taiwan, Laos, Luxembourg, Vietnam, St Lucia, Panama, Costa Rica, Bahamas, Trinidad, Mustique, Mozambique, Madagascar, Kazakhstan, Macedonia, Kyrgyzstan, Myanmar, Malawi, Tanzania, Zanzibar, Ethiopia, Kenya.

Languages Spoken – English

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Academic Qualifications

Peter’s first studied civil engineering in London and gained an honours degree (BSc) in 1972.  He went on to study structural engineering.  He read for a law degree which he obtained in the mid 1980’s before being called to the UK Bar (Gray’s Inn) as a barrister in 1990. He studied and qualified as a UK solicitor in 1991 but has remained at the UK bar.  He qualified as an arbitrator under the UK Chartered Institute of Arbitrators regime.

Professional Memberships and Appointments

• Fellow, Royal Academy of Engineering.
• Fellow, Institution of Civil Engineers.
• Fellow, Institution of Engineers of Ireland.
• Fellow, Chartered Institute of Arbitrators.
• Fellow, Institution of Highways and Transportation.
• Fellow, Hong Kong Institution of Engineers.
• Member, Honourable Society of Grays Inn.
• Member, the Smeatonian Society of Civil Engineers.
• Past Member, Society of Construction Arbitrators.
• Member, International Chamber of Commerce.
• Past Member, ICC and ICE Task Forces on ‘Dispute Boards’.
• Past President, Dispute Resolution Board Foundation.
• Past Council Member, Society of Construction Arbitrators.
• Past International Affairs Representative, Dispute Resolution Board Foundation.
• Past Chairman, ICE Advisory Panel on Legal Affairs.
• Past Chairman, FIDIC Assessment Panel for Adjudicators.
• Past Chairman, ICE Arbitrator Review Panel.
• Past Member, ICE Industry Practices Committee.
• Past Member, ICE Advisory Panel on Arbitration.
• Past Council Member, Singapore Institution of Arbitrators.
• Past Council Member & Executive Board Member, Chartered Institute of Arbitrators.
• Past Chairman, Professional Conduct Committee, Chartered Institute of Arbitrators.
• Founder, first Chairman and past Hon. President, The Adjudication Society.

Experience as DB

• Chairman of the Dispute Adjudication Board for the London 2012 Olympic Games venues and infrastructure projects.
• Chairman of Dispute Board for civil works for the Istanbul Metro, Turkey.
• Chairman of Dispute Board for rolling stock works for the Istanbul Metro, Turkey.
• Chairman of Dispute Board for a wastewater treatment plant in Romania.
• Chairman of Dispute Board for the Vietnam TV building in Vietnam.
• Chairman of Dispute Board for the Dublin Port Tunnel, Ireland.
• Chairman of Dispute Board for Nuclear Power Plant in Finland.
• Chairman of ICC Dispute Board for Oil Refinery project in Kuwait.
• Chairman of Dispute Boards for 2 hydropower plants in Iceland.
• Chairman of 7 Dispute Boards for road projects in Romania.
• Chairman of Dispute Board for Mohale Dam and power plant, Lesotho.
• Chairman of Dispute Board for the New Panama Canal project, Panama.
• Chairman of Dispute Board Port of Aqaba Container Terminal Expansion, Jordan.
• Chairman of Dispute Board for the Toamasina Port project in Madagascar.
• Chairman of Dispute Board for Hydropower project in Nepal.
• Chairman of Dispute Board for the Melamchi Water Diversion Tunnel in Nepal.
• Chairman of Dispute Boards (technical and financial) for the London Docklands Light Railway extension to Lewisham, UK. (concession project).
• Chairman of Dispute Board for Saltend Power Plant, UK (concession project).
• Chairman of Dispute Board for the James Cook (South Cleveland) Hospital, UK (concession project).
• Chairman of Dispute Board for Port Elizabeth New Harbour Project, South Africa.
• Chairman of Dispute Board for the Jakarta Metro, Indonesia.
• Chairman of Dispute Board for Sri Lanka International Airport.
• Chairman of several Dispute Adjudication Boards for road projects in Moldova.
• Chairman of Dispute Board for combined irrigation projects in Moldova.
• Chairman of Dispute Board for a road project in Mozambique.
• Member of the London Crossrail Adjudication Panel.
• Member of Dispute Panel for the Wembley National Stadium, UK.
• Member of Adjudication Panel for Croydon Tram Link, UK.
• Member of Adjudication Panel for several roads in Central Asia.
• Member and Sole Member of Dispute Conciliation Panels for 2 high speed rail projects in Taiwan.
• Member of Dispute Board for Tarbela 4th Extension Hydropower Plant, Pakistan.
• Member of Dispute Board for twin power plant projects in South Africa.
• Member of Dispute Board for Kabaale Airport, Uganda.
• Member of Disputes Board for Laos Hydropower project, Laos.
• Member of Dispute Board for Pan-Europe Road Project in Slovakia.
• Member of Dispute Boards for 3 Pan-Europe Road projects in Serbia.
• Member of Dispute Board for the Hong Kong International Airport.
• Member of Dispute Board for the Naptha Jhakri Dam Dispute Board, India.
• Member of Dispute Board for high arch dam and transfer tunnels in Lesotho.
• Member of two Dispute Boards for the Ertan Dam and Hydropower project in China.
• Member of Technical Dispute Board for the Channel Tunnel Rail Link, UK.
• Member of Dispute Board for Ghazi Barotha Hydro Project in Pakistan.
• Member of Dispute Board for European Investment Bank headquarters in Luxembourg.
• Member of Dispute Board for pipeline projects in Java, Indonesia.
• Member of Dispute Board for reclamation and container terminal, Costa Rica.
• Member of Dispute Board for gas turbine power project in Germany.
• Member of Dispute Boards for several MOD projects in UK.
• Member of Dispute Board for several long-span bridges in Bangladesh.
• Member of Dispute Board for Power Plant refurbishment in Kyrgyzstan.
• Member of Dispute Board for Solar Power Plant in Mexico.
• Sole member of Dispute Board for long-span cable stayed bridges in Myanmar.
• Sole member of Dispute Board for the New Providence roads and infrastructure improvement works, The Bahamas.

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Project Experience

Peter’s experience and practice in the engineering and construction industry spans almost 50 years. The types of projects with which he has been associated include power generation and distribution projects (nuclear, hydropower, gas and solid fuels, wind-farm, waste-to-energy), large buildings (airport terminals, powerhouses, commercial developments, bank headquarters, sports stadia, hospitals, educational establishments), tunnelling (hard and soft ground, using boring machines, jacking processes, manual excavation, drilling and blasting, immersed tube), road construction (at grade, underground and elevated), long-span bridges (suspension, cable stayed, glued segmental, etc.), railways (high-speed main line, urban metro and light rail, depots, signalling and M&E works), building services (oil refineries and chemical plants) , marine works (oil production facilities including offshore rigs and FPSOs, port and harbour construction including large-scale reclamations, pipe work and cable laying, dredging, coastal protection), telecommunications projects (switch centres), water supply/treatment and large dams (concrete arch, rolled concrete, earth fill, gravity, etc.). Particularly conversant with multi-disciplined projects (power stations, hospitals, industrial/commercial buildings, airports, mass transit railways).

Contract Experience

Peter has worked under the following forms of contract: FIDIC (Red, MDB Harmonised, Yellow, Silver, Gold and Dredging forms), ICE (traditional and NEC), JTC, IMechE/IEE Model Form ‘A’, BPF/ACA, IChemE, FCEC, GCWorks, ACE, HKGov, Singapore LTA, World Bank and other standard form or ad hoc contracts.  He has direct experience with numerous dispute resolution rules and procedures including FIDIC, ICE, ICC, LCIA, UNCITRAL, LMAA, CIArb, CIMAR, HKIAC, RICS, SIAC EDF, ISPA, MCC, PRAG, TeCSA, TeCBAR, JCT, ACE (CIC), Scheme for Construction Contracts, World Bank, and MCC.

Professional Experience

Peter’s career in construction started during his university studies in 1967 when he employed by the London Underground organisation for whom he continued to work after graduation. He then moved into new town development in Milton Keynes specialising in bridges and infrastructure development. He moved to Hong Kong in 1977 and, after almost six years, on to Singapore before returning to the UK in 1990.  His career in more detail is set out below.

1967 – 1973

• London Transport: Design and construction of Heathrow (Piccadilly) Line and Victoria Line. In addition, Peter worked on several projects constructing large rafts above underground railway cuttings and in constricting escalator shafts to replace elevators.

1973 – 1977

• Milton Keynes Development Corporation: Design and project management for the new city centre (road and rail bridges, general infrastructure, office buildings).

1977 – 1981

• Hong Kong Mass Transit Railway Corporation: Project management and contractual/commercial matters associated with new mass transit railway system.

1981 – 1983

• Eric Cumine Associates (Hong Kong): Construction and contractual specialist for large commercial building developments and road projects in Hong Kong.

1983 – 1990

• Singapore Mass Rapid Transit Corporation: Contracts Manager, responsible for contractual and commercial matters associated with 200 building, civil, electrical, mechanical engineering and professional services contracts for new metro. 2000 claims for additional time/payment settled.

Since 1990

• Peter has been an Independent practitioner.  He was Consultant Project Director for the West Kowloon Expressway in Hong Kong and has given contractual advice and opinions to development banks, law firms, consultants, promoters, developers and contractors.  Since 1990 he has principally acted as arbitrator, adjudicator, dispute board chair or member and conciliator/mediator in construction disputes.

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Awards

Peter has been the recipient of several awards relating to his career:

• Recipient of the 2006 annual award for Dispute Board Excellence (DRBF).
• Recipient of the 2010 Parkman Medal for work on dispute resolution in civil engineering (ICE).
• Recipient of the 1990 Webb Prize for Civil Engineering Procurement (ICE).

Other Matters

Peter has written or contributed to books and papers on dispute boards, construction litigation, arbitration, ADR, adjudication.  He co-authored ‘Construction Adjudication’ published in 2000 (Jordans).

He is a well-known speaker at conferences and seminars, having lectured on effective dispute resolution for ICE, FIDIC, CIArb and ICC.   He was a guest lecturer on dispute resolution and ADR at King College, London (MSc in Construction Law), at Reading University (College of Estate Management) and at Cambridge University (Summer School).  Peter is a Freeman of the City of London and a former trustee of several UK charity organisations.