Construction and Engineering Arbitration
"Clients characterise the team as "tenacious, dedicated and focused on winning."
―Chambers Global, 2017
Shearman & Sterling has represented owners and contractors in international construction and engineering arbitrations arising from projects throughout the world, under a wide variety of applicable laws. Our principal focus is on high value, complex multi-claim disputes concerning power stations (conventional and renewable), oil & gas facilities, process plants and infrastructure projects. Current and recent cases include the representation of:
- An African energy company as Respondent in an ICC arbitration in Geneva brought by a European energy company and its African subsidiary. The dispute arises from a contract for the construction of gas liquefaction facilities. The law of the Respondent's State applies. Over EUR 2.6 billion is at stake.
- Two international construction contractors as Respondent in an ICC arbitration in London initiated by a Middle Eastern State-owned company. The dispute concerns the development of a world-class medical facility in the Middle East. The law of the Claimant's State applies.
- An Asian State-owned entity and its subsidiaries as lead counsel in a dispute subject to UNCITRAL arbitration in Stockholm against a State-owned entity in a Central Asian State. The dispute arises from an agreement for the construction of a plant on a turnkey (EPC) basis. The amount at stake exceeds USD 200 million.
- A North African energy company as Respondent in an ICC arbitration in Paris initiated by a European construction contractor. The dispute arises from an agreement for the construction of an oil & gas production facility in North Africa. The law of the North African Respondent's State applies. Over USD 1.1 billion is at stake.
- A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arises from an agreement for the construction of a nuclear power plant in Finland. Finnish law governs. Over EUR 6.1 billion is at stake.
- A State-owned Latin American oil and gas company as Respondent in an ICC arbitration against a contractor involving the expansion of a refinery. The seat of arbitration is The Hague.
- An international contractor consortium in an ICC arbitration against a Middle Eastern State. The dispute arose from a contract for the construction of a major infrastructure project in the Middle East. The law of the Respondent State applies. Over USD 700 million is at stake.
- An international joint venture as Respondent and Counterclaimant and in an ICDR arbitration in New York initiated by a North Asian company. The dispute arises from an agreement for the construction of a chemical plant in North America. Issues include delay and defective works. New York law applies.
- A contractor in an ICC arbitration in Toronto against an African mining company. The dispute arose from an agreement to construct a pipeline from a mining site to a processing plant and involved issues of design changes, unforeseen physical conditions, and other events that delayed the completion of the project. The law of Ontario applied.
- An Asian engineering and construction contractor as Claimant in an ICC arbitration in New York against a North American owner. The dispute arose from an EPC contract for the construction of a coal gasification facility in the United States. New York law applied.
- A European energy infrastructure company in an ICC arbitration in London brought against a North American subcontractor. The dispute arose out of a project for the construction of a major solar field in the Middle East. Issues included defective equipment and critical delays in the overall project. English law applied.
- The Republic of Mozambique as Respondent in a dispute before a Dispute Adjudication Board involving the alleged breach of a FIDIC contract governing the construction of road and water projects. The law of Mozambique applied.
- A European contractor, Respondent in an ICC arbitration in Paris regarding the construction of a chemical industrial facility in a Latin American country. The dispute related to claims for extensions of time and additional payment. The law of the Latin American country applied.
- A Turkish construction company as Claimant in an ICC arbitration in Switzerland against a Russian developer. The dispute arose from a contract for the development of a multifunctional retail and office complex in Moscow, Russia. English law applied.
- A North Asian corporation as Respondent in an ICC arbitration in Seoul defending a claim brought by a European dredging and reclamation contractor under various service agreements regarding a port project. The dispute concerned tax liability under the service agreements. Korean law applied.
- A European-led joint venture as Claimant in a UNCITRAL arbitration in Paris against a Middle Eastern State. The opponent’s national law applied. The Firm’s clients sought over USD 190 million in nearly 75 separate claims relating to the reconstruction and extension of an international airport.
- A consortium of European construction companies as Claimant in an ICC arbitration in Paris arising from the construction of a hydro-electric project for a Middle Eastern Government. The opponent’s national law applied. Issues arising included late and non-payment by the owner, adverse site conditions, delay claims, interest, currency devaluation and a host of other construction-related questions (over 40 individual claims were raised). Over USD 1 billion was at stake.