Worldwide

Experience includes:

  • Road projects in Poland, Romania, Gibraltar, Albania, Iceland, Macedonia
  • Rail projects in Romania, Bulgaria
  • Building projects in Romania, Gibraltar, Ukraine
  • Waste and water projects in Bulgaria, Croatia, Turkey, Romania
  • Dredging works in Romania, Albania, the Baltic, Southern Europe
  • Energy and power projects in UK, Holland, Gibraltar, Iceland, Serbia, Georgia
  • Airport in Gibraltar
  • Mine project in Spain
  • Consultant Agreement in Georgia

England Focus

Experience includes litigation, arbitration and ADR on:

  • Residential and commercial property claims
  • Energy projects
  • Mechanical and electrical claims
  • Final Accounts and delay claims
  • Advising on professional appointments
  • Advising on contamination of land issues
  • Drafting of construction contracts
  • The Baby is Back in the Bath: Liquidated Damages in the UK Supreme Court

    In March 2019, in the English Court of Appeal, Sir Rupert Jackson upended the orthodox approach to the operation of liquidated damages clauses in commercial contracts. Sir Rupert had suggested that where the contractor fails

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  • Jurisdiction, Admissibility and FIDIC

    Introduction An issue that often arises in international arbitrations involving the FIDIC forms of contract is whether a claimant's failure to: (a) go through the dispute resolution provisions; or (b) comply with a time-bar clause

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  • Tribunal Secretaries: Tasks, Transparency and Regulation

    Background The debate surrounding the use of tribunal secretaries in international arbitration is not new. In 2002, Partasides christened the issue "the Fourth Arbitrator"[1]. Noting concern within the arbitration community at a perceived excessive role

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Experience includes:

  • Advising on consultant’s contract in Trinidad
  • Advising on contract conditions in St Maarten
  • Port project in Trinidad
  • Energy projects in Chile & Peru
  • Pier project in the Caribbean
  • Obstacles to the Appointment of an Arbitrator

    Airports Authority of Trinidad and Tobago v Jusamco Pavers Ltd[1] is an under reported FIDIC Yellow Book 1999 case. It considers: (1) delay in commencing arbitration, (2) replacement of the Engineer, and (3) whether an

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  • The Employer’s Agent

    The Engineer is deemed to act for the Employer and is essentially the Employer’s agent under the FIDIC Red Book 1999. He is not a wholly impartial intermediary, unless such a role is specified in the Particular Conditions, and there is no general obligation under the FIDIC Red Book 1999 for the Engineer to act independently or impartially. However, when he is required to make a determination under Sub-Clause 3.5, he is obliged to make it a fair determination and when he is obliged to issue an Interim Payment Certificate under Sub-Clause 14.6, or a Final Payment Certificate under Sub-Clause 14.13, he must fairly determine the amount due.

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  • Murphy’s Law

    Earlier this year, the English High Court considered a heavily amended FIDIC Yellow Book 1999. Whilst the case is specific to the particular contractual amendments it is worth review. The case is J Murphy & Sons Ltd v Beckton Energy Ltd. It proceeded in court and on an expedited basis as a matter of some urgency because a bond was about to be called for non-payment of delay damages. The Contractor claimed the call would affect his commercial reputation, standing and creditworthiness, and may well need to be disclosed in future tenders. He had not paid the delay damages because there had been no agreement or determination of the entitlement to such by the Engineer under Sub-Clauses 2.5 and 3.5.

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Experience includes:

  • Road projects in Ethiopia, Malawi, Kampala, Uganda
  • Building projects in Libya, Egypt, Sudan
  • Energy and power projects in Uganda, Tunisia, Kenya, Sudan, Tanzania, Egypt, Ethiopia, Rwanda
  • Airport projects in Ethiopia
  • Heavy industrial projects in Egypt, West Africa, Uganda
  • Advising on the call of bonds in Uganda, Rwanda
  • Advising on bonds/guarantee conditions in Zambia, Rwanda
  • Advising on contract conditions in Niger, Armenia, Rwanda
  • Negotiating contract terms on a windfarm in Kenya
  • Port project in Togo
  • Water project in Malawi
  • ICC arbitration against a contractor in relation to the construction of elements of a port in Morocco
  • Arbitration Update 2021

    The last year or two has seen changes in arbitration rules and procedures, caused in no small part by the COVID-19 pandemic.  There are new LCIA, DIFC-LCIA and ICC arbitration rules.  The Seoul Protocol on

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  • Frozen Out

    What relief does FIDIC provide when bank accounts are frozen as a result of war, hostilities, rebellion, terrorism etc.? Maybe not as much as you think. Tensions in Africa and the Middle East have seen the implementation of numerous international financial sanctions. While these sanction regimes vary in execution and enforcement they often freeze assets and prevent financial transactions. These restrictions may impact on the Employer’s performance of its payment obligations under the Contract. This can have serious consequences where the Contractor is entitled to suspend or terminate on notice for non-payment. Many parties automatically assume that financial sanctions will be recognised as force majeure. However, this may not be the case.

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  • Where Do FIDIC Cases Go?

    FIDIC is arguably the most widely used standard form of international construction contract but reported FIDIC cases are rare. Is it time for an increased publication of FIDIC cases? There are three categories of decisions arising out of FIDIC dispute resolution provisions: 1. Decisions of the Engineer or the Dispute Adjudication Board (DAB), which will generally not be published or reported to anyone other than the parties involved in the dispute. 2. Decisions of arbitral tribunals, which are not usually made public although this is subject to certain exceptions. 3. Decisions of national courts, which are a relatively rare occurrence for the reasons discussed below.

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Experience includes:

  • Road projects in Vietnam, India, Kyrgyzstan, Malaysia, Ukraine
  • Rail projects in Vietnam
  • Bridge construction in Vietnam
  • Energy and power projects in Laos, Borneo, Indonesia
  • Building projects in Hong Kong, the Seychelles, Malaysia
  • Port projects in India
  • Dredging works in Australia, Bangladesh
  • Advising on a bond in India
  • Advising on contract conditions in Australia
  • Advising on disputes regarding waste water treatment plant in Uzbekistan
  • Hydropower Projects in Pakistan, Nepal
  • Airport project in Nepal
  • Water tunnel project in Nepal

Middle East Focus

  • Energy projects in Abu Dhabi, Saudi Arabia
  • Port projects in Iraq
  • Rail project in Abu Dhabi
  • Heavy industrial projects in Qatar, Jordan
  • Building projects in Lebanon
  • Advising on construction of a sea wall in Oman
  • Advising on a final account claim in Iran
  • Waterpark project in Abu Dhabi
  • Commercial building projects in Abu Dhabi
  • FIDIC Changes in Legislation and Covid-19: Compelled by Law or Just Doing Your Job?

    Up until the spring of 2020, a FIDIC 1999 Sub-Clause 13.7 [Adjustments for Changes in Legislation][1] claim was just one of many issues to be resolved, for example, in a delay and disruption claim or

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  • Arbitration Update 2021

    The last year or two has seen changes in arbitration rules and procedures, caused in no small part by the COVID-19 pandemic.  There are new LCIA, DIFC-LCIA and ICC arbitration rules.  The Seoul Protocol on

    Read More
  • Changing Tack

    A contract may require a party giving notice of a claim to specify the contractual or legal basis of that claim in the notice (or the supporting particulars). What if that party states a contractual or legal basis for the claim but later (perhaps with the benefit of additional information or because of advice from its lawyers) changes its mind or wants to include further contractual or legal bases? This was considered by the Hong Kong Court of Appeal in Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited [2020] HKCA 830. It found that a subcontractor could not change the contractual basis for its claim once the time period for providing such notice had expired. What, if any, impact will this decision have on the FIDIC forms of contract?

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Experience includes:

  • Road projects in Poland, Romania, Gibraltar, Albania, Iceland, Macedonia
  • Rail projects in Romania, Bulgaria
  • Building projects in Romania, Gibraltar, Ukraine
  • Waste and water projects in Bulgaria, Croatia, Turkey, Romania
  • Dredging works in Romania, Albania, the Baltic, Southern Europe
  • Energy and power projects in UK, Holland, Gibraltar, Iceland, Serbia, Georgia
  • Airport in Gibraltar
  • Mine project in Spain
  • Consultant Agreement in Georgia

England Focus

Experience includes litigation, arbitration and ADR on:

  • Residential and commercial property claims
  • Energy projects
  • Mechanical and electrical claims
  • Final Accounts and delay claims
  • Advising on professional appointments
  • Advising on contamination of land issues
  • Drafting of construction contracts

Experience includes:

  • Advising on consultant’s contract in Trinidad
  • Advising on contract conditions in St Maarten
  • Port project in Trinidad
  • Energy projects in Chile & Peru
  • Pier project in the Caribbean

Experience includes:

  • Road projects in Ethiopia, Malawi, Kampala, Uganda
  • Building projects in Libya, Egypt, Sudan
  • Energy and power projects in Uganda, Tunisia, Kenya, Sudan, Tanzania, Egypt, Ethiopia, Rwanda
  • Airport projects in Ethiopia
  • Heavy industrial projects in Egypt, West Africa, Uganda
  • Advising on the call of bonds in Uganda, Rwanda
  • Advising on bonds/guarantee conditions in Zambia, Rwanda
  • Advising on contract conditions in Niger, Armenia, Rwanda
  • Negotiating contract terms on a windfarm in Kenya
  • Port project in Togo
  • Water project in Malawi
  • ICC arbitration against a contractor in relation to the construction of elements of a port in Morocco

Experience includes:

  • Road projects in Vietnam, India, Kyrgyzstan, Malaysia, Ukraine
  • Rail projects in Vietnam
  • Bridge construction in Vietnam
  • Energy and power projects in Laos, Borneo, Indonesia
  • Building projects in Hong Kong, the Seychelles, Malaysia
  • Port projects in India
  • Dredging works in Australia, Bangladesh
  • Advising on a bond in India
  • Advising on contract conditions in Australia
  • Advising on disputes regarding waste water treatment plant in Uzbekistan
  • Hydropower Projects in Pakistan, Nepal
  • Airport project in Nepal
  • Water tunnel project in Nepal

Middle East Focus

  • Energy projects in Abu Dhabi, Saudi Arabia
  • Port projects in Iraq
  • Rail project in Abu Dhabi
  • Heavy industrial projects in Qatar, Jordan
  • Building projects in Lebanon
  • Advising on construction of a sea wall in Oman
  • Advising on a final account claim in Iran
  • Waterpark project in Abu Dhabi
  • Commercial building projects in Abu Dhabi