My philosophy of arbitration is simple - to offer the parties a knowledgeable, neutral and impartial ear to hear their differences, to guide them through the arbitration process, and to issue a complete, comprehensible and unambiguous award in a reasonable time and at reasonable cost. If the parties have already adopted their own rules, or institutional rules, I would normally be willing to follow them, while pointing out any shortcomings.
I am always willing to travel to meet the parties or to inspect the site. I am also willing to explore alternative means of conducting the hearing, eg by teleconferencing or by Internet, if this will save the parties time and expense.
For further information on the use of the Internet in the resolution of disputes, visit the website of Professor Jeffrey Krivis, of Pepperdine University, USA.
Adjudication, at least as outlined in the NSW and Victorian Security of Payment Acts, is designed to be a quick and simple procedure, and the more formal procedures of an arbitration would be modified to suit the parties' needs.
Before becoming an Arbitrator, I gained twenty-five years of experience in general civil engineering work, beginning in Australia, but including long spells in England, China, Papua New Guinea and Hong Kong. Most of this was as a member of a team, and individual achievements are difficult to identify. However, if you really want to see something designed by me, you could go to Melbourne Water's next Open Day at Winneke (Sugarloaf) Reservoir, and ask to see the Shutter Support Frame in the Reservoir Outlet Structure. In England, down by Tilbury Docks, you could see the World's End Pumping Station (most of which is actually underground and not visible - as with so much of a civil engineer's work).
For the last ten years or so, my work has been less tangible, involving the drafting of tender and contract documents for, and administration of, major civil projects, including the Sunshine Motorway in Queensland, Australia; the Lantau Link Bridges and North Lantau Highway in Hong Kong; and the new Hong Kong International Airport, where I was latterly Senior Contracts Engineer in the Dispute Review section. Here is further information on Hong Kong International Airport.
In all, I estimate that I have been involved in writing, administering or resolving disputes on, some 500 contracts, ranging from the mundane to the monumental. The lesson I have learnt from all of these is that the successful avoidance of claims and disputes begins with good contractual drafting, and my services as a civil engineer are available to anyone drafting tender documents for major civil engineering works. However, as careful drafting and review of tender documents is usually sacrificed in the name of "saving time", some disputes are to be expected, and my services as an arbitrator or adjudicator are available to those facing a significant dispute.
In common with all members of the Chartered Institute of Arbitrators, I subscribe to the Institute's Code of Ethical Conduct and its Guidelines of Good Practice for Arbitrators. Copies of this document are available on request to the Chartered Institute of Arbitrators, or at its web site.
To contact Alan Chuck, send an E-mail to Alan Chuck
91 Nicholas Street
Hong Kong Office
12th floor, Skyline Tower
This site last updated on 18 June 2007.
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