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 form of dom/2 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- Arbitration Act 96.
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