Examples of Work
International arbitration relating to collapsed steel frame building (Sarajevo – Bosnia) requiring significant liaison with Bosnian government and British Embassy. Contract was on amended standard form and the steel fabricator was also responsible for the erection- this was for a new European distribution and manufacturing base; dispute concerned the applicability of European snow codes and responsibility for this within the design; proceedings issued in London by distribution company and arbitration panel appointed- claims subrogated to insurers and retained to act for client insurer; matter settled following exchange of draft expert reports.
Acting on behalf of wind farm developer in ICC arbitration in relation to claim by turnkey contractor to recover £4.5m withheld in relation to delay damages and failure to achieve availability warranties- disputed by contractor on grounds that design changes by developer caused delay and the availability was subject to change; following the bespoke dispute resolution procedure the parties agreed on appointment of arbitration panel, comprising 2 engineers and counsel; preliminary meeting and pleadings- then mediation and numerous informal and formal meetings before settlement was achieved.
International arbitration concerning loss and expense and contract delay claims for a harsh environment jack-up rig, claim valued at approximately $80m. Involved in review of initial advice from consultants re delay and disruption elements and instruction of counsel. Involvement in the establishment of the regime for review of documentation and preparation of further expert evidence and witness statements prior to team being sent to Korea.
Acting on behalf of multi national drinks company in relation to claim on MF/1 for claim for defective coffee machine, value circa £1.8m.
Acting on behalf of liquidators for loss and expense claim relating to land reclamation scheme. The claimant was the ground works contractor and the defendant was the local authority. The claim was originally valued at £1.6m but it was necessary to down grade the value of claim following discovery without giving away negotiating position. Mediation was used at the mid point of the arbitration. The liquidators then moved the claim onto a contingent fee basis and following exchange of experts’ reports relating to engineering aspects and quantum and witness statements, a settlement of 550k plus costs was negotiated.
Acting for utility company in injunction relief relating to supply of materials for their international computer centre and subsequent proceedings for loss and expense arising from delay in completion of sub contract works and the additional costs incurred in paying the main contractor in completing works; claim valued at 200k and following judgement and liquidation of defendant advice as to pursuit of bankruptcy proceedings against former director.
Acting for dairy company in relation to re-development of a major dairy site over 5 phases, with a total value £15m. This required the drafting and negotiation of a series of JCT contracts and warranties together with advice and provision of letters of intent and finally advising in dispute with main contractor.
Non contentious engineering advice and drafting – EPC and OMS contracts; ICC arbitration on delay claim by turnkey contractor.
Food sector- non contentious advice on standard and non standard forms; contentious advice relating to LOI and arbitration proceedings
Advice and drafting re on and off shore oil pipeline contracts and turnkey contracts based on FIDIC silver book
Litigation DOM/1 adjudication
Arbitration against multinational contractor re loss and expense claim and counterclaims.
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