HKU M.Sc.

Course: CIVL6014 – Construction Dispute Resolution

Course Outline 2020/2021

Course Objectives:
▪ To provide an overview of the common types of disputes that occur within the
construction industry;
▪ To provide an understanding of the dispute resolution mechanisms commonly
adopted within the constructions industry in particular arbitration, adjudication
mediation and litigation; and
▪ To provide an overview of the construction dispute resolution environment of
Mainland China.

Notes:
▪ The following information including the programme outline is subject to change.
▪ Venue: Zoom (on-line)
▪ All lecture sessions will be from 7:00 p.m. to 9:30 p.m. on Thursdays
from 21 January 2021 to 29 April 2021 as shown in the programme outline below.
▪ Reading week is scheduled for 8 March 2021 to 13 March 2021.

Course Lecturers:
Ir. Christopher To (CT) : Sessions 1,2,3,4,5,6,7
Ir. King Wong (KW) : Sessions 8,9,10,11,12

Assessment: (80%)
▪ 2 hour written examination (“open book” examination)

Assignment: (20%)
▪ Take home individual exercise and to be submitted on Thursday 8 April 2021

Examination Period

▪ 10 May 2021 to 29 May 2021

1
Programme Outline:

Sessions Teacher Topics

1. 21 January (CT) An overview of the construction industry and typical
areas in which disputes occur.

2. 28 January (CT) Legal issues associated with construction disputes.

3. 4 February (CT) Introduction to Alternative Dispute Resolution (ADR) with

emphasis on arbitration. Drafting an arbitration agreement
and the notice of arbitration.

Chinese New Year holiday (12.02.2021 – 18.02.2021): No classes

4. 25 February (CT) Arbitration rules and procedure, interim measures and the
role of the courts in relation to arbitration.

5. 4 March (CT) Appointment of arbitrators, challenge to arbitrators,

arbitrator’s duties, jurisdiction and powers.

6. 18 March (CT) Arbitral award and decisions – challenges and enforcement.

No Classes on 8 March 2021 to 13 March 2021 – Reading Week

7. 25 March (CT) Adjudication, mini-trials, dispute resolution advisor,

dispute resolution boards and expert determination.

8. 1 April (KW) Mediation rules and procedure.

9. 8 April (KW) Litigation I – Introduction - civil proceedings contrasted

with criminal proceedings; Pre-trial – commencing an
action, pre-action protocols, limitation periods, pleadings,
interlocutory proceedings, application to strike out,
discovery and inspection, interrogatories, applications for
further and better particulars, payment into court.

10. 15 April (KW) Litigation II – Trial - order of proceedings, onus and

burden of proof, inspection, rules of evidence; Judgment –
orders and remedies including specific performance and
injunctions, costs, interest, set-off, joint and several
liability, enforcement procedures; Appeals – procedures,
hearings, stay of execution, judicial review.

11. 22 April (KW) Construction dispute resolution in Mainland China.

12. 29 April (KW) Designing a flexible framework for the avoidance and
prevention of construction disputes and revision class.