Webinar examining the role and rise of adjudication in Africa
Damian James and two of Africa’s leading construction lawyers examine adjudication across the continent. The team look at the history of adjudication and how different jurisdictions treat the process. Will adjudication become law in Africa at any time? How do people enforce decisions reached in contractual adjudication? What options are open to contractors and employers who enter into adjudication in Africa at present? What does the future hold?
Damian James speaks to Johan Beyers of Keating Chambers in South Africa and Simon Kiriba of Bowmans, Kenya. They discuss a range of topics including:
- History of adjudication: how popular is this form of alternative dispute resolution in Africa and do approaches differ across countries?
- Statutory v. contractual: how contractual adjudication differs from statutory. Do the courts take a different approach?
- Enforcement: How difficult is it to enforce an adjudication award and how long does it take?
- Future of adjudication: is the process likely to become more popular? Can we learn from other regions?
Johan Beyers, Keating Chambers
Johan Beyers has practiced as an advocate at the Cape Town Bar since 1992, specialising in construction, engineering and commercial disputes. He is admitted to appear in the Courts of both South Africa and the Kingdom of Lesotho. Significant cases have included as counsel on an underground tunnelling project in Lesotho and a large marine quarrying and breakwater project in South Africa. Johan is co-founder and chair of the Society of Construction Law for Africa. He was awarded an MSc degree in Construction Law and Dispute Resolution at King’s College, London in December 2017. There he won the prize for the highest exam mark in the International Arbitration and Dispute Resolution module.
Simon Kiriba, Senior Associate, Bowmans
Simon Kiriba is a senior associate in Bowmans, Nairobi office. He is an advocate of the High Court of Kenya. He has extensive experience in construction law, representing clients in construction dispute resolution, management contracting. Simon was part of the core drafting team tasked with the responsibility of updating the Joint Building & Construction Council 1999 Edition standard form agreement. He has been recognised by IFLR 1000 and Legal 500 international lawyers and law firms’ rankings.
Damian James is a leading expert in the area of quantum, delay, disruption and cost evaluation. His appointments include adviser in international arbitrations and as expert in adjudications around the world. Project and arbitration locations have included the UAE, South Africa and other African states and the UK. Damian is widely experienced in engineering and construction claims and dispute resolution. He has particular expertise in the preparation of detailed claims to recover client entitlements. Damian’s particular skills lie in the complex discipline of delay analysis and disruption valuation. He is able to disentangle global claims to establish the relationship of particular cause and effect.