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 ‘Construction Law and Arbitration - Trends and Opportunities’
Introductory Note

Introduction:

The Society of Construction Law (Kerala) in association with the Kerala High Court Advocates Association and Manipal Law School proposes to conduct a 'Lecture Session' on the topic ‘Construction Law and Arbitration – Trends and Opportunities’.   The session will be held on 20th February 2024, at 4.40 PM in the KHCAA Association Hall.   Kerala High Court Advocates Association does not need any introduction, note therefore, this notes does not attempt, such an exercise.  https://www.khcaa.com/  However, the profiles of the other organizations are briefly described.

About Society of Construction Law, its Affiliates and Chapters.

The Society of Construction Law was founded in the year 1983 in,  the United Kingdom, with the object of promoting, for the public benefit, education study, and research (and publication of the useful results of such research in the field of construction law and related subjects both in the United Kingdom and overseas. https://www.scl.org.uk/

SCL India was founded in 2016, with the only difference in their objective that they work to promote education, study, and research (and publication of the valuable results of such research) in the field of construction law and related subjects and its dissemination in India and overseas.  

The Members of SCL, from all stages of their professional careers, share an interest in construction law. These Members include Lawyers, Arbitrators, Experts, Contractors, Architects, Engineers, Quantity Surveyors, Insurers, Students, etc.  

SCL (Kerala is also a not-for-profit organization registered under the TC Act 1955 and functions as the Kerala Chapter of SCL (India).https://www.sclindia.org/

SCL Conference - Curtain Raiser 

SCL Kerala, in association with SCL India,  has planned a one-day International Conference in Construction Law, in July 2024.  The date and programs of the conference are being finalized. The 'Lecture Session' is organized as a 'Curtain Raiser' of the Conference.  Even though arbitration is one of the popular means of alternate or appropriate modes of dispute resolution of commercial disputes including infrastructure disputes, Construction law may not have such popularity, as a course in the subject is not offered by most of the universities, except Manipal University 

Manipal Law School

Manipal Law School affiliated with Manipal University, has, however, started offering short and long-term programs in construction law.  More information is available on their website. https://www.manipal.edu/mu/campuses/mahe-bengaluru/academics/institution-list/mls.html.

About the Speaker

Prof. R Venkat, Professor of Practice- Law, Manipal Law School has a long professional experience in Construction Contracts in all aspects including design, project management, cost planning/estimation, contract administration, and dispute resolution.  He has interdisciplinary qualifications in Engineering, Construction Law, and Cost and Management Accountancy. He is an international trainer, who designed training programs and educational courses to upskill the professional based on the market requirements and advancement in the industry.  He is one of the best faculties available in the country to discuss the topic. https://www.linkedin.com/in/venkat1964/

Construction law

Construction law may be defined as a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence an amalgam of contract law, commercial law, planning law, employment law, and tort. 

A study of the 'standard form contracts,' prepared by FIDDIC https://fidic.org/  and the Delay and Disruption Protocol formulated by the Society of Construction Law,  may be an important starting point for any student of Construction Law. 

SCL Delay and Disruption Protocol formulated by SCL. https://www.scl.org.uk/resources/delay-disruption-protocol

One of the major achievements of SCL is the publication of the SCL Delay and Disruption Protocol.  SCL prepared the Protocol to determine an extension of time and compensation for delay and disruption.  It guides all parties to the construction process when dealing with delay and disruption matters.  It recognizes that the transparency of information and methodology is central to dispute prevention and resolution.

In February 2017, the 2nd edition of the Protocol was published.  This supersedes both the 1st edition of the Protocol and Rider 1 to the 1st edition of the Protocol.  The information contained in the protocol helps guide stakeholders in drafting contracts and formulating tender specifications or other documents for the management of infrastructure contracts.

Opportunities in India



The nature of the infrastructure development in the country is exponential.  Experts in the field of construction law are therefore in great demand, not only for dispute resolution but also for dispute avoidance.  Construction law offers immense opportunities to all sectors of the construction industry, including lawyers arbitrators experts contractors, architects, engineers, quality surveyors insurers, etc..

Conclusion


The 'Lecture Session' being organized Society of Construction Law in association with the Kerala High Court Advocates Association and Manipal Law School Manipal Law School would be helpful to introduce the subject topic among the legal fraternity in Kerala. 

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