Alan K Chuck

Civil Engineer, Chartered Arbitrator and Adjudicator

How can I help you to resolve your disputes?

The arbitration process

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.

The adjudication process

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.

Experience

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.

Professional Qualifications

• Bachelor of Engineering with Honours, Monash University, Australia, 1974
• Diploma in Municipal Engineering, Deakin University, Australia, 1982
• Diploma in Arbitration, The College of Estate Management, England, 1999
• Professional Certificate in Arbitration, The University of Adelaide, Australia, 2002

Professional Affiliations

• Member, The Institution of Engineers, Australia, since 1977
• Member, The Institution of Civil Engineers, since 1982
• Fellow, The Chartered Institute of Arbitrators, since 2000
• Engineering Arbitrator Grade 3, The Institution of Engineers, Australia, since 2000
• Arbitrator Grade 3, The Institute of Arbitrators and Mediators, Australia, since 2003
• Member of the Chartered Institute of Arbitrators, Australian Branch, panel of arbitrators for the resolution of Australian Internet Domain Name disputes, since 2002

Other details

• Nationality: Australian
• Age: Fifty-ish
• Geographical areas of operation: anywhere in the common law world, but mostly Australia, Hong Kong and England. Although my arbitral training has been under the regime of the English Arbitration Act 1996 and Australia's uniform Commercial Arbitration Acts, I would be able to adapt quickly to any other common law regime, based as they are on earlier English Acts.
• Working Language: English
• Fee structure: an appropriate hourly, daily or monthly rate to be negotiated.
• Fields of engineering: general civil engineering, including roads, bridges, airports, water supply, sewerage, local government engineering, construction risk management and insurance.
• Working methods: willing to consider new methods of conducting an arbitration, such as teleconferencing, or exchanges of information over the Internet.

Code of Ethics

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.

Contact

To contact Alan Chuck, send an E-mail to Alan Chuck

Date

This site last updated on 18 June 2007.

Disclaimer

This homepage is written in general terms, and should not be relied upon as, or used as a substitute for, legal advice with respect to a particular transaction or specific set of circumstances.

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