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Ben Beaumont - Head of Chambers
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Ben Beaumont - Alternative Dispute Resolution Specialist

Ben Beaumont
Head of Chambers

 

Called: 1978
Called: 1992 (Hong Kong Bar)

benbeaumont@clarendonchambers.com

 

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Education

BSc (Hons.)

 
Affiliations

CEDR trained mediator
http://www.cedr.co.uk/

Elected to Arbitration Club, 
General 2008 and Oil and Gas 2009

(FCIArb) Chartered Arbitrator and
Fellow of the Chartered Institute
of Arbitrators since 1982
http://www.ciarb.org/

(FRICS) Fellow of the Royal Institute of Chartered Surveyors
– general practice
http://www.rics.org/

Founding member and Fellow of
the Hong Kong Institute of Arbitrators http://www.hkiarb.org.hk/

Junior Vice Chair of the Adjudication Society.

Member of Swiss Arbitration Association

Professional Member of Dispute Board Federation of Switzerland http://www.dbfederation.org
/index.asp

Fellow of Hong Kong Institute of Arbitrators

Public Access

Accepts instructions direct from businesses and individuals via the Public Access scheme 

http://www.barcouncil.org.uk/
about/publicaccess/

 
Publications

Arbitration and Rent Review, third edition

Commentary on Chinese Arbitration Act (joint)

Chinese Maritime Law and Arbitration (joint)

Chinese International Commercial Arbitration (joint)

Contributor to second edition of Inquest by Thomas, Straw and Friedman

Practical Arbitration, Estates Gazette

Arbitration Procedure in Asia, Sweet and Maxwell

Arbitration in England and Wales, scheduled publication date 2009

ALTERNATIVE DISPUTE RESOLUTION SPECIALIST

 

UK Arbitration Experience

• Financial services mis-selling under Financial Intermediaries, Managers and Brokers Regulatory Association Limited (FIMBRA) scheme: bogus pension schemes and time shares

• Coal subsidence; damage to properties

• Association of British Travel Agents (ABTA) disputes: no sea view; wrong hotel; total or partial incorrect description

• Professional negligence under the Royal Institute of Chartered of Surveyors Scheme: faulty valuations; inaccurate valuations; negligent surveys

• Partnership disputes and all aspects of contract dispute

• Full range of construction contractual disputes under the Joint Contract Tribunal, the Institute of Civil Engineering or FIDIC contracts or ad hoc agreements between:

• Employer and main contractor

• Employers and independent subcontractors

• Employers and architects and/or engineers

• Dry shipping disputes, e.g. Bills of Lading, related cargo and letters of credit

International Experience

• Member of tribunals situated in Hong Kong or China under UNCITRAL arbitration rules and CIETAC arbitration rules in Beijing:

• Ad Hoc Rules: disputes involving Chinese manufacturers, foreign investors, European and American distributors on issues such as quality, performance, non-compliance, concealed interests, alleged corruption and human rights

• CIEATC Rules: disputes between Chinese manufacturers or suppliers and non-Chinese parties relating to performance, fraudulent certificates, failure to make timely investment contributions

• UNCITRAL Rules: disputes between Chinese manufacturers, foreign investors and third parties on issues such as quality, performance, fraudulent basis for investment, malfeasance by local directors or failure of international compliance with EU directives and guidelines   

• Examiner: Appointed Examiner by the Courts of Hong Kong at the request of Courts in the USA to hear the taking of depositions from witnesses outside the USA prior to main hearings 

• Government representative:

• Instructed by the Hong Kong government to represent Hong Kong at WTO meetings in Singapore

• UNCITRAL Representative appointed as Rapporteur for all cases relating to Model Arbitration law as implemented in Hong Kong 

• International model agreements: Co-opted by the International Trade Centre (ITC), part of UNCTAD and WTO, to a series of multinational high powered working groups to draft international contracts

• Independent expert: Independent expert valuer in rent review disputes under the Royal Institute of Chartered Surveyors

• Mediation: Appointed Mediator in a series of engineering disputes in Hong Kong

• Conflict management: Advised in many different types of matters, resulting in disputes being settled or withdrawn

International Conventions, Rules , and Legislative Guides 

As founding Chair of www.ficacic.com, having Observer status at United Nations Commission on International Trade Law (UNCITRAL), serves on:

• Working Group I Procurement, currently revising the 1994 Convention on Procurement

• Working Group II Arbitration and Conciliation where, having amended the Model Arbitration Law, the Group is now addressing changes to the Model Arbitration rules

• Working Group VI Securities. Invited to join the expert sub-group of this group which provided the Legislative Code on Secured Transactions

UK and International Arbitration and Conciliation Representation 

• Member of the Marriott Committee chaired by Arthur Marriott QC, to determine the basis for and draft an arbitration act for England and Wales. An Arbitration Act for England and Wales was enacted in 1996

• Invited to join the United Nations Commission on International Trade Law (UNCITRAL) as an Observer in 2002

• Appointed by ITC to provide legislative guidance and judicial training for the government of Zambia in 1998 and 1999 respectively. Zambia adopted a new Model Arbitration Law in 2002

• Nationally elected member of the Council of Trustees of the Chartered Institute of Arbitrators from 1982-1999

• Elected to the Executive Committee of the Adjudication Society in 2005. Currently serves as Junior Vice Chairman.

Arbitration panel membership

• World Intellectual Property Organisation (WIPO)

• City Disputes Panel, London

• China International Economic and Trade Arbitration Commission (CIETAC)

• CIArb

• Swiss Arbitration Association

University teaching appointments

• Imperial College London

• HK University

• City University, Hong Kong

• Science and Technology University, Hong Kong

• Ha Noi University Faculty of Law, Vietnam

• Massey University, New Zealand

• National University of Singapore

• Brookes University

Speeches and Conferences: Speaker on arbitration and dispute resolution at conferences and workshops worldwide since 1980 including those organised by the CIArb, AMINZ, Hong Kong Institute, CIETAC.

 

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