International Arbitration
We represent 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 projects (nuclear, hydroelectric and renewable), oil & gas facilities, industrial plants, and civil infrastructure projects. Representative matters include the representation of:
- MEDICAL FACILITY | Middle East
Representation of two international construction contractors 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. Over USD 3.7 billion is at stake.
- CIVIL INFRASTRUCTURE | Middle East
Representation of 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.
- FERTILIZER PLANT | Africa
Representation of an international joint venture as Claimant in an ICC arbitration in Geneva brought against North Asian contractors. The dispute arose from an agreement for the construction of a fertilizer plant in an African State. The law of the African State applied. Over USD 1.6 billion was at stake.
- GAS LIQUEFACTION PLANT | Africa
Representation of Sonatrach as Respondent in an ICC arbitration in Geneva brought by Saipem SpA and Saipem Contracting Algérie SpA. The dispute arose from a contract for the construction of gas liquefaction facilities. Algerian law applied. Over EUR 2.6 billion was at stake
- NUCLEAR POWER PLANT | Europe
Representation of a French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Finnish law governed. Over EUR 6.1 billion was at stake.
- SOLAR FIELD | Middle East
Representation of 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.
- MINING | Africa
Representation of two African subsidiaries of an international mining and exploration company in an ICC arbitration in London initiated by a South African contractor. The dispute arose from an EPCM contract in relation to a mine expansion project in Sub-Saharan Africa. English law applied.
- REFINERY | Latin America
Representation of 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 was The Hague.
- URBAN DEVELOPMENT | Europe
Representation of 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.
- ROAD & WATER PROJECT | Africa
Representation of 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.
Projects
We guide sponsors, developers, contractors, consultants and lenders with all aspects of their construction-related legal requirements, including in the infrastructure, commercial, residential, energy, refining, petrochemical, water, metals and mining, industrial, renewables and leisure sectors. As we take the time to understand our clients and approach matters from an industry-specific perspective, clients come to us to advise them on procurement, drafting tender documentation, drafting and negotiating FEED contracts, D&C contracts, FIDIC (all books), EPC, EPCM, PMC and purchase order contracts, bonds, guarantees and lender direct agreements. Clients value our ability to analyse overall project risks during construction and ensure that, to the extent required, these risks are passed through to construction contractors to balance market practice with the cost and benefit profile to sponsors. We also help sponsors who are seeking to borrow from ECAs, to develop procurement strategies that maximise eligible content under the relevant ECA policies. To enhance our client offering, we are fully up to date with the market, such as liquidated damages thresholds, overall caps on liability, and similar matters. Representative experience includes advice on:
- $20 BILLION SADARA PETROCHEMICAL PROJECT | Saudi Arabia
We successfully supported the Dow Chemical Company on their 34 separate procurement packages. This included the development of novel risk sharing arrangements with contractors to facility a limited recourse financing of a “giga project” and guiding them on suitable construction solutions. Because of our deep knowledge of these issues, clients rely on us for insightful guidance so they are at the forefront of the market across all industry sectors.
