Curriculum Vitae

CYRIL CHERN

BArch, JurisD, RIBA, AIA, FCIArb

Arbitrator, Mediator, Adjudicator,
Barrister

 

Professional Qualifications

  •  BArch (Hons) Architecture & Engineering  - 1969

  • Juris Doctor - Law - 1972

  •  The Honourable Society of Gray’s Inn – Barrister at Law England & Wales

  • Chartered Architect

  • Chartered Arbitrator

  • Accredited Mediator

  • Accredited Adjudicator

  • FIDIC President's List of Approved Dispute Adjudicators

  •  The Bar of the United States Supreme Court 

  •   The California Bar

  • 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

  • Ten years California Superior Court - Judge Pro Tem

  • Dispute Board Trainer, ICC and FIDIC rules and procedures

  • Member Civil Mediation Committee, United Kingdom

  • Member, Society of Construction Arbitrators

  • Member, Association of Consulting Engineers

 

Familiar with disputes covering

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.

 

Panel Listings

  • CIArb (arbitration, adjudication, mediation)
  • Construction Industry Council (adjudication)
  • FIDIC (President's List of Approved Dispute Adjudicators)
  • Hong Kong International Arbitration Centre (arbitration, adjudication and mediation)
  • CIETAC (China) (arbitration and conciliation/mediation)
  • Society of Construction Arbitrators
  • Technology and Construction Bar Association Adjudicator, Mediator & Arbitrator Panels
  • Association Suisse de L’arbitrage

 

Professional Memberships and official positions held

  • The Honourable Society of Gray’s Inn – Barrister at Law England & Wales

  •  The Bar of the United States Supreme Court

  •  The California Bar

  • Fellow, The Chartered Institute of Arbitrators

  • Member, Royal Institute of British Architects

  • Member, Association Suisse de L'arbitrageFellow, Centre for International Legal Studies, Austria

  • Freeman, City of London

  • Member, Technology & Construction Court Bar AssociationMember, FIDIC President's LIst of Approved Dispute Adjudicators

  • Member, Civil Mediation Committee, United Kingdom

  • Member Society of Construction Arbitrators

  • Member, Association of Consulting Engineer

 

 

 

 

Background

37 years in the engineering and construction industry in the United Kingdom, the EU and internationally. Experienced in large buildings (airport terminals, powerhouses, commercial developments, hospitals), long-span bridges (suspension, cable stayed), marine works projects (ports & harbours, dredging, coastal protection), ship construction, oil production facilities, power generation and distribution projects (nuclear, hydropower, gas and solid fuels, co-generation facilities), tunnelling (hard and soft ground, using boring machines, jacking processes, manual excavation, drilling and blasting, immersed tube), railways (high-speed main line, urban metro and light rail, depots), building services, telecommunications projects, water supply projects off-shore oil platforms and large dams. Knowledgeable as to multi-disciplined projects (power stations, industrial buildings, airports, mass transit railways).

 

 

Specialities

  • Bridges
  • Dams
  • Roads
  • Railroads
  • Tunnelling
  • Airports
  • Hospitals
  • Oil Industry
  • Power Stations
  • Ship Construction
  • Dredging
  • Law and Contract Interpretation
  • Dispute Boards

 

Experience with

  • Standard Form Contracts:  FIDIC, ICE (traditional and NEC), JTC, IMechE/IEE Model Form "A", BPF/ACA, FCEC, GCWorks, ACE, HKGov, World Bank and other standard form contracts.
  • Arbitration Rules:  ICE, ICC, LCIA, Uncitral, ClArb, CIMAR, HKIAC, RICS, SIAC.
  • Adjudication Rules:  ICE, TeCSA, JCT, ACE (CIC), Scheme for Construction Contracts and other Adjudication Rules.
  • Dispute Board Rules:  World Bank Harmonised, FIDIC, ICE and ICC Dispute Board Rules

 

 

Dispute Resolution Experience

Acting as arbitrator, 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.

 

Acting as adjudicator (including, in particular, service on Dispute Resolution Boards, DRB, DAB, CDB), over 150 decisions given (UK, Hong Kong, China, India, Pakistan, Japan, South America, and elsewhere). Served as member (12) and chairman (30) on forty two dispute resolution boards for contracts covering traditional, design and construct, and turnkey contracts, with 85 decisions given under UK statutory adjudication schemes. No decision overturned at arbitration. Experienced as to World Bank/FIDIC conditions, Construction Act 1996, statutory schemes and associated amendments to standard form contracts. Experience in drafting contractual provisions and procedures for arbitration, adjudication and dispute boards. Author and Editor of Emden’s Construction Law – ADR and Dispute Boards.

 

Acting as mediator/conciliator, approximately 275 complex construction disputes of which all were settled as a direct result of the mediation/conciliation process. Teacher and lecturer on Mediation for the Bar Council of England & Wales.

 

Acting as Barrister and party representative in court as well as in dispute resolution proceedings and as lead negotiator with objective of reaching amicable settlements of disputes and differences.

 

Language Capability

English (mother tongue)

French

German

Mandarin

Spanish

Russian

Publications

Emden’s Construction Law – ADR and Dispute Boards published by Butterworth’s LexisNexis, London

 

Overseas experience gained in

· United Kingdom

· United States,

· Germany

· Austria

· France

· Switzerland 

· Hong Kong 

· Macao

· Australia

· Spain

· Venezuela 

· Italy

· New Zealand

· Paraguay,

· Brazil

· Chile

· Colombia

· Argentina,

· Norway

· Denmark

· Holland

· Malaysia

· Korea 

· Saudi Arabia

· Cyprus

· Greece

· UAE 

· Canada

· Japan

· Ireland

· Northern Ireland

· Iran 

· Bolivia 

· China

· Russia

· Peru 

 

Career Summary

1969-1972 -Head Designer Albert C. Martin & Associates Architects

 

1993 – 1998 – Director Turner Development and Turner Marine & Shipping, Hong Kong

1972-1975  - Partner, PA & D Hospital Design/Construction Firm –Hospital Projects Tehran & Isfahan, Iran

 

1998 – 2000 – Director – Clinton & Clinton & Chern, London

1975-1983 – Partner – Chern & Culver (later merged into Musick, Peeler & Garrett) responsibility for China, Japan, Mexico, South America

 

2000 – current  - Barrister at Law – Crown Office Chambers, London

1983 – 1993 – Judge Pro Tem California Superior Court for the County of Los Angeles

 

 

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