Dr Cyril Chern

Cyril Chern

General Information

He has practised since 1972 specifically in the areas of engineering and construction disputes, insurance and maritime matters in the United Kingdom, the EU and internationally. In addition to being a Barrister he is a Chartered Architect, Chartered Arbitrator, Accredited Mediator and Adjudicator.

Education and Professional Qualifications

  • Accredited Mediator
  • Accredited Adjudicator
  • FIDIC President's List of Approved Dispute Adjudicators
  • The Bar of the United States Supreme Court
  • The California Bar
  • Ship's Master - Merchant Navy (ret).
  • Freeman City of London
  • Fellow, The Chartered Institute of Arbitrators
  • Member, Royal Institute of British Architects
  • Member, American Institute of Architects, London Chapter
  • Fellow, Centre for International Legal Studies, Austria
  • Dispute Board Trainer, International Chamber of Commerce, DBF and FIDIC rules and procedures
  • Member, Civil Mediation Committee, United Kingdom
  • Fellow of the Dispute Board Federation (FDBF)

 

Professional Guide

Chambers & Partners (2010): "Leader at the Bar" in Construction

"has an astonishing ability to settle complex disputes, and to encapsulate the essence of a matter so it's easy for a tribunal to see it his way" 

Chambers & Partners (2010): "Leader at the Bar" (Band 1) in International Arbitration: Construction and Engineering 

"devastatingly good at cross-examinations". He also "brings a businesslike approach to the construction process and really knows international arbitration and all its nuances inside-out".

Legal 500 (2009): "Leading Junior" in Commercial Arbitration

"great depth and breadth in procedural knowledge and tactical awareness"

Legal 500 (2009) "Leading Junior" in Construction

'takes instruction flawlessly; he is very good with witnesses'; 'a perfect gentleman'

Chambers & Partners (2009): "Leader at the Bar" (Band 1) in International Arbitration: Construction and Engineering 

'a formidable protagonist'; 'possesses all you could desire in a barrister'; 'has keen insight coupled with a seasoned litigator's eye'; 'is particularly good on international arbitration'

 

Practice

His practice specialises in cases with complex technical or business issues. His principal fields of work as an advocate or an arbitrator are construction and engineering claims; emerging technologies and telecoms; insurance and re-insurance; professional negligence; commercial contracts; and maritime matters.



Construction

Construction and engineering claims have involved issues under a wide variety of standard forms (FIDIC, ICE (traditional and NEC), JTC, IMechE/IEE Model Form "A", BPF/ACA, FCEC, GCWorks, ACE, HKGov, World Bank) and bespoke contracts as well. He is experienced in claims dealing with bridges, tunnels, road works, ship construction, dams, hydro-electric facilities including differing site conditions, payment provisions, measurement, valuation, construction quality, design obligations, delay and disruption, time extensions, prolongation, prevention, breach of contract, contract interpretation, conflicting documentation, back-to-back agreements, scope of services, final account, price escalation, conflict of laws, concession agreements, and related matters.



Arbitrations and Adjudications

Cases arbitrated have ranged over construction, infrastructure, insurance, electronics, civil engineering, financial services, and miscellaneous commercial disputes. He has been instructed as counsel in ICC arbitrations. He has specialist knowledge of construction adjudication, acting either as adjudicator or as counsel and is only one of 30 FIDIC President's List Adjudicators worldwide.

Acting as arbitrator, he has in excess of 550 construction references (UK, USA, Canada, Hong Kong, South America, Middle East, China, Japan) under institutional and ad hoc procedures. These disputes include main contract, subcontract and professional services disputes involving amounts up to US$275m arising under traditional, design/build and concession contracts. No decisions overturned on appeal. Served as sole arbitrator and on tribunals (as party-appointed member and chairman) under ICE, ICC, AAA, Uncitral, LCIA and ad hoc arbitration procedures and is familiar with the arbitration rules and procedures of the ICE, ICC, LCIA, UNCITRAL, ClArb, CIMAR, HKIAC, RICS, and SIAC.

Acting as adjudicator in over 150 decisions given (including 85 decisions given under UK statutory adjudication schemes as well as Hong Kong, China, India, Pakistan, Japan, South America, and elsewhere) he is familiar with ICE, TeCSA, JCT, ACE (CIC), Scheme for Construction Contracts and other Adjudication Rules. No decision overturned at arbitration. Experienced as to World Bank/FIDIC conditions, Construction Act 1996, statutory schemes and associated amendments to most major standard form contracts. Experience in drafting and interpretation of contractual provisions and procedures for arbitration, adjudication and dispute boards.



Mediations

He has acted both on behalf of parties to mediations and also as mediator on over 275 complex construction disputes of which all were settled as a direct result of the mediation process, as well as many domestic and international disputes relating to construction and trade matters and he teaches mediation methods and techniques on behalf of the Bar Council of England & Wales.



Dispute Boards

He is experienced in the emerging field of Dispute Boards (in particular, service on Dispute Resolution Boards, DRB, DAB, CDB) on large infrastructure projects, hydroelectric facilities, roads, bridges, and tunnels. He has served as member (12) and chairman (30) on forty two dispute resolution boards for contracts covering traditional, design and construct, and turnkey contracts and is familiar with all relevant Dispute Board Rules and procedures including the World Bank Harmonised, FIDIC, ICE and ICC Dispute Board Rules. Additionally he is an instructor in the subject, writes on the subject as part of the section in Emden’s Construction Law dealing with Dispute Boards, is the author of Chern on Dispute Boards (2007, Wiley-Blackwell Publishing) and is an accreditor of Dispute Board Members.



Professional Negligence

Experience in professional negligence includes cases involving engineers, architects, insurance brokers, lawyers, quantity surveyors, and project managers.



Insurance

Insurance matters and disputes have involved a wide range of policies, including professional indemnity, material damage, public and products liability, D & O liability, global liability, legal expenses, title insurance, and various reinsurances. Issues include policy construction, aggregation, non-disclosure, insurable interest, agency, breach of warranty, illegality, proof of loss, risk retention groups and captives.

 

Publications/Seminars

Author of:

ADR Editor of Emden’s Construction Law (Butterworths).

Contributor to Atkin's Encyclopaedia of Court Forms in Civil Proceedings (2008) 

Teaches the Dispute Board Course for the World Bank/IFC, FIDIC amd the Dispute Board Federation (Geneva).

Teaches the Bar Council Mediation seminar.

Teaches for the International Federation of Consulting Engineers.

Undertakes seminars for Bar Associations, solicitors’ firms and others.

 

Selected Cases

Arbitration

  • £180 Million construction arbitration over engineering issues on the construction of a bridge in China. This matter involved UK engineers, a Japanese Contractor and German and South African suppliers. Counsel represented all sides and the matter involved claims by all of the parties and went through 56 days of Hearings.
  • £25 Million commercial arbitration involving exportation of electronic timing devices manufactured by a consortium of Korean and Malaysian companies under contract to a UK/Austrian company. Delay, cost-containment, and quality control issues were arbitrated over 32 days of Hearings in which Counsel and Solicitor Advocates represented the parties.
  • £90 Million construction arbitration in the Caribbean dealing with the construction of several beachfront hotels. Built by a consortium of UK and Caribbean contractors, delay in construction, and quality of workmanship issues involved claims, which consumed 45 days of Hearings. Counsel represented both sides.
  • £35+ Million arbitration regarding the completion of a residence. Issues dealing with quality of drawings and completeness resulted in Hearings over 35+ days. Counsel represented the parties
  • £90+ Million maritime arbitration dealing with the sea worthiness of a dredging vessel, which capsized whilst, engaged in dredging operations in the Persian Gulf. The vessel was owned by a UK company, leased to a Nigerian firm and operated by a Norwegian dredging company. All three brought claims against each other and later a forth party (a Marine Architect) was voluntarily added. Counsel represented all sides and the matter took up 63 days of Hearings.



Mediations

  • The development of a multi-phase community housing project, which was stopped due to disagreements between the operating parties - £12 Million at stake. The parties had already been in trial for 10 days when the Court suggested they attend Mediation. The matter was fully settled after 10 hours of Mediation. Solicitors represented both sides.
  • Contractor and employer disagreement over the completion of the project - £28 Million at stake. The parties voluntarily agreed to try Mediation before resorting to arbitration. The matter was settled to everyone’s satisfaction after two days of Mediation and at a cost savings, estimated by the parties, at around £1.5 Million. Here one side had Counsel and a Solicitor for the other.
  • The construction of a light rail network in Spain, which was stopped due to disagreement of the employer and the contractor over design details and costs - $120 Million at stake. Here a language barrier impeded the progress of the matter until they agreed to voluntary Mediation in Spain. The UK contractor agreed to use a translator and after 2 days of intensive mediation the matter was resolved and work resumed. Neither Counsel nor Solicitors were used as both sides used party representatives who were knowledgeable in construction and the particular project.
  • The construction of a tunnel project in India, disagreement as to the terms of instruction - £16 Million at stake. Litigation had begun in the Indian Courts and after one year and an impending trial the matter was sent to Mediation. The Mediation took 5 days and resulted in a complete settlement and the successful completion of the project. Both sides had Counsel.




PERSONAL

Recreational activities include sailing, golf, and fly fishing.

OTHER LINKS TO CYRIL CHERN

www.chern.net
FIDIC
Society of Construction Arbitrators

 

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