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Experience
Specialist in construction and engineering law, insurance law and dispute resolution including arbitration and ADR represents clients in High Court proceedings, international disputes and arbitrations under the rules of the LCIA, ICC and other institutional bodies represents clients in disputes arising out of the construction of power stations, bridges, dams, process plant, refineries, buildings, roads, mining projects and infrastructure projects substantial experience of complicated technical disputes concerning construction and engineering issues and programming, delays and quantum disputes have involved claims arising out of projects in over 20 countries advises clients on all methods of procurement and expertise in all the major standard forms of contract, particularly FIDIC Notable Engagements
- Holland Hannen & Cubitts v WHTSO 1981 18 Build LR 80
- Holland Hannen & Cubitts v WHTSO 1987 35 Build LR 1
- R M Douglas v CTD Building Services 1985 3 Con LR 124
- Birse v Haiste 1996 1 WLR 675
- SAAMCO v York Montague 1996 3 WLR 87
- George Fischer v Multi Design Consultants 1999 61 Con LR 85
- Pozzolanic Lytag Ltd -v- Brian Hobson Associates 1999 BLR
Cases – Selected International Arbitrations- International Chamber of Commerce (ICC)
Representing a joint venture of a major British contractor and an Egyptian contractor in ICC arbitration proceedings arising out of defects in a tunnelling project in Egypt. Substantive dispute subject to Egyptian law. Further ICC arbitration proceedings against the design consultant subject to English law. Dealing with parallel court proceedings commenced in the Egyptian courts and advising on jurisdictional issues. Conducting an appeal against a preliminary award through the Swiss courts.London Court of International Arbitration (LCIA) Representing a Japanese and Saudi owned oil company in LCIA arbitration proceedings arising out of the design and construction of sewage plant in Saudi Arabia. Substantive dispute subject to Saudi law. Dispute involved allegations of defamation, defects and complicated programming issues involving delay and loss and expense.International Chamber of Commerce (ICC) Represented a joint venture of an American contractor and a Mexican contractor in ICC arbitration proceedings arising out of alleged defects in and under performance of an iron smelting plant in Bombay. Substantive dispute subject to Indian law. Advising clients on jurisdictional issues following commencement of proceedings in the Indian courts and the recognition of international arbitration awards in India.International Centre for the Resolution of Investment Disputes (ICSID) Representing an English company in a dispute arising out of a mining project in Egypt.Ad hoc Arbitration Advised a Canadian contractor and its insurers in connection with arbitration proceedings arising out of defects in the design of ground works and interpretation of ground conditions in the construction of a power plant in Dominica. Substantive dispute subject to local law. Ad hoc arbitration agreed and held in Boston, USA. Selected International DisputesAdvising reinsurers and a Thai oil company in connection with claims arising out of an explosion at a refinery in Thailand causing loss of life and substantial third party property damage. Liability issues subject to Thai law.Advising on American supplier of cement manufacturing plant on its liability for defects in a project in Indonesia. Advice on English law and letters of credit.Representing a major international engineering consultancy in claims arising out of errors in bills of quantities for a major sewage project in Hong Kong. Arranging a series of structured settlement negotiations.Representing a major international engineering contractor in High Court proceedings arising out of defects in an aluminium smelting plant in Bahrain. Contract subject to the law of Bahrain.Represented insurers in a policy coverage dispute and arbitration proceedings following losses suffered by an international contractor carrying out civil engineering works in Sudan.Cases – Litigation, Domestic Arbitration and OthersRepresented a leading international management contractor in the largest construction claim to be heard in the English courts, involving alleged negligence in the prediction of construction costs and management of the project. Additional claims for delay and disruption and associated loss and expense requiring the preparation of a retrospective delay analysis. Proceedings also pursued against cost consultants, architects and engineers.Representing a major international engineering consultancy in claims arising out of a blow out of a tunnel being constructed for the extension of a light railway scheme in London. Engineering issues involving structural calculations and finite element analysis.Representing a major British contractor in domestic arbitration proceedings arising out of the construction of a substantial sewage tunnel and associated pipework. Allegations of defective design. Parallel arbitration proceedings against the contractor's design consultants joined by consent to the main contract arbitration. Technical issues include hydraulics, material analysis and structural engineering.Represented insurers and an international consultancy at the public enquiry in Aberdeen following the explosion of the Piper Alpha oil rig.Represented insurers and a firm of surveyors in proceedings arising out of the valuation of a new residential development in Docklands, London. The case was heard by the House of Lords and is one of the leading English authorities on the recoverability of damages. Alternative Dispute Resolution/AdjudicationRepresented clients in numerous ADR hearings both internationally and domestically. These have included procedures administered by ADR providers and ad hoc arrangements agreed between the parties.Represented clients in adjudication proceedings under the fast track process introduced by the HGCRA 1996.Represented clients at Dispute Review Boards and Dispute Adjudication Boards. more...Employment Mayer Brown International LLP, London, 1978 to date; Partner, 1985 Solicitor Advocate, Higher Courts, Civil Education
Pembroke College, Oxford, 1974-1977 Admitted
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