Interview with Lynette Chew

What is your view on seeking legal advice during the course of a project to prevent conflict points that might lead to a large dispute or major disputes at the end of the contract? 

From experience, seeking legal advice at the onset of a dispute during the course of the project not only reduces the likelihood of the dispute at the end of the project, such legal advice also assists in the strategic decisions in the performance of the rest of the works under the contract, the strength of the case and thus the chances of success in a major dispute at the end of the contract. Often, when legal advice is sought only at the commencement of formal dispute, the legal team may have to navigate facts, decisions or positions taken during the project that may not be helpful to the outcome of dispute which is very time consuming and costly. 

What is your view on arbitration as a form of dispute resolution? To what extent is the arbitration process more appealing to you than it used to be? 

Having undertaken a recent hybrid virtual arbitration hearing with witnesses from Scotland, Spain, Dubai, Seoul and Singapore before an international Tribunal, I feel we achieved the same effectiveness as an in-person hearing with the effective use of technology and this has resulted in significant costs savings and time for parties involved. This has certainly made the arbitration process a lot more appealing than it used to be.

What other forms of dispute resolution are attractive to you and do you see newer resolution methods emerging? 

In recent years, mediation is gaining ground as an effective form of dispute resolution with greater emphasis of the common interests of parties in reaching a win-win solution rather than an adjudicated outcome where either or both parties may not be totally happy with. The Singapore International Mediation Centre (SIMC) has accredited Specialist Mediators who specialises in the construction and engineering practice who are well placed to understand the complex issues of such disputes and to facilitate a settlement between parties.