‘A star, extremely qualified and very pleasant’ Chambers & Partners

PROFESSIONAL CAREER

1976 – 1979 Solicitor – Coward Chance (now Clifford Chance LLP)
1979 – 1983 Solicitor – McKenna & Co (now CMS Cameron McKenna)
1984 – 1998 Partner and Head of Construction Department – Warner Cranston (now Reed Smith LLP)
1999 – 2003 Partner – Berwin Leighton Paisner
2003 – 2011 Partner – Lane & Partners LLP (now Bird & Bird LLP)
2011 – 2016 Partner – Goodman Derrick LLP
2016 – To date – Consultant, Goodman Derrick LLP

QUALIFICATIONS

1976 Solicitor of the Supreme Court of England and Wales
1991 Fellow – Chartered Institute of Arbitrators
1995 Mediator accredited by Centre for Effective Dispute Resolution
1996 Adjudicator accredited by Technology & Construction Solicitors’ Association (TeCSA)
2009 Appointed to FIDIC President’s List of Approved Dispute Adjudicators
2009 Fellow – Dispute Board Federation (DBF)
2016 Fellow – Malaysian Society of Adjudicators
2017 Chartered Arbitrator

PANEL MEMBERSHIPS

➢ FIDIC President’s List of Approved Dispute Adjudicators
➢ RICS Register of Dispute Board Members
➢ Panel of Arbitrators, Chartered Institute of Arbitrators
➢ Panel of Arbitrators, Dubai International Arbitration Centre
➢ Panel of Arbitrators, Hong Kong International Arbitration Centre
➢ Panel of Arbitrators, Kuala Lumpur Regional Centre for Arbitration
➢ Panel of Arbitrators, Georgian International Arbitration Centre
➢ Panel of Arbitrators, Pacific International Arbitration Centre (Vietnam)
➢ Panel of Arbitrators, RICS Select Construction and Engineering Arbitration Service
➢ Panel of Arbitrators, RICS Fast Track Construction and Engineering Arbitration Service
➢ Panel of Arbitrators, CIArb Dispute Appointment Property Service
➢ Panel of Arbitrators, CIArb Business Arbitration Scheme
➢ Panel of Arbitrators, CEDR Solve
➢ Panel of Arbitrators, the Law Society
➢ Transport for London Conflict Avoidance Panel
➢ Panel of Adjudicators, Chartered Institute of Arbitrators
➢ Panel of Adjudicators, Kuala Lumpur Regional Centre for Arbitration
➢ Panel of Adjudicators, Technology and Construction Solicitors’ Association
➢ Panel of Construction Adjudicators, CEDR Solve
➢ Panel of Mediators, the Mediation Centre, Dubai
➢ Specialist Panel of Arbitrators and Mediators, ADR Chambers
➢ Resolex Panel of Construction Mediators

PROFESSIONAL MEMBERSHIPS AND POSITIONS HELD

➢ Board of Trustees of the Chartered Institute of Arbitrators (2009-2014, Chair 2011-2013)
➢ Co-Chair – International Construction Projects Committee of the International Bar Association (2012-2013)
➢ Chair of interview panel for RICS Adjudication Panel Assessments (2005-2006)
➢ Chair of tribunal for RICS Adjudication Panel Appeals (2006)
➢ Freeman – Worshipful Company of Arbitrators
➢ Member – Arbitration Club
➢ Member – Adjudication Society
➢ Member – Society of Construction Law
➢ Member – Society of Construction Arbitrators
➢ Member – Dispute Resolution Board Foundation

EXPERIENCE AS THIRD PARTY NEUTRAL

Arbitration

➢ Chair of an ad hoc international arbitral tribunal in connection with a 40m Dirhams dispute between a Middle East developer and a consultant concerning a number of connected infrastructure projects (settled 2016)

➢ Chair of an international arbitral tribunal in connection with a 35m Dirhams dispute between an M&E sub-contractor and a main contractor regarding a residential development in the Middle East under DIAC rules (award rendered in 2016)

➢ Chair of an international arbitral tribunal in connection with a 200m Dirhams dispute between a sub-contractor and main contractor regarding a large commercial/retail development in the Middle East under DIAC Rules (award rendered in 2016)

➢ Chair of an ad hoc international arbitral tribunal dealing with a US$10m dispute arising from the termination of a contractor’s employment under a FIDIC Yellow Book contract for a power plant project in Asia (settled in 2011)

➢ Sole arbitrator in a US$150m dispute arising from the construction of a container port facility in the Far East under UNCITRAL Rules (ongoing)

➢ Sole arbitrator on a £2.5m dispute regarding an energy supply agreement (ongoing)

➢ Sole arbitrator on a £5m dispute regarding refurbishment works to a substantial private residence in London (ongoing)

➢ Party appointed arbitrator in a €3m dispute regarding a solar energy plant in Eastern Europe (ongoing)

➢ Sole arbitrator in a dispute regarding subsidence under a row of terraced houses in the north of England (award rendered in 2015)

➢ Sole arbitrator in three disputes regarding valuation of properties affected by mining subsidence (awards rendered in 2015 and 2016)

➢ Various appointments as arbitrator under the ABTA arbitration scheme on travel disputes

➢ Various appointments as arbitrator under the Renewable Energy Consumer Code

➢ Member of a three person arbitral tribunal in a dispute between a bank and customer relating to trading agreements in the Middle East under LCIA Rules (awards rendered in 2006)

➢ Member of a three person arbitral tribunal in a dispute between an employer and pipework contractor in connection with a flagship project in Switzerland under ICC Rules (settled in 2006)

Dispute Board Member

➢ Standing Dispute Board member on a US$600m port project in Central America (ongoing)

➢ Sole Standing Dispute Board member on two road/bridge projects in Eastern Europe under the FIDIC MDB Contract (ongoing)

➢ Dispute Board member on a major Netherlands offshore wind farm project (ongoing)

➢ Dispute Board member in connection with disputes arising from a major infrastructure project in Africa under the FIDIC Yellow Book (two appointments)

➢ Dispute Board member in connection with disputes arising from a major infrastructure project in Africa under the FIDIC Red Book

➢ Standing Dispute Board member on a road construction/rehabilitation project in Southern Africa under the FIDIC Red Book

➢ Sole Standing Dispute Board member on a road construction/rehabilitation project in West Africa under the FIDIC Red Book

➢ Sole Dispute Board member on disputes arising from an infrastructure project in Continental Europe under the FIDIC Red Book

➢ Sole Dispute Board member on disputes concerning a major road project in Central Europe under the FIDIC Yellow Book (three appointments)

➢ Sole Dispute Board member on a road project in Central Europe under the FIDIC Red Book

➢ Sole Dispute Board member in connection with disputes arising from an energy project in the UK under the FIDIC Silver Book

Adjudicator

➢ Adjudicator in a dispute between a Sub-Contractor and Main Contractor regarding payment issues on a pharmaceutical plant

➢ Adjudicator in a dispute regarding a concrete sub-contract in an office block development

➢ Adjudicator in disputes between Employer and Main Contractor relating to the refurbishment of a major shopping centre (three appointments)

➢ Adjudicator in a sub-contract dispute in a civil engineering project

➢ Adjudicator in disputes between Employer and Contractor regarding an industrial plant in Africa (two appointments)

➢ Adjudicator in an M&E sub-contract dispute in a large industrial development

➢ Adjudicator in a dispute between consultant and local authority employer relating to a large redevelopment project

➢ Adjudicator in disputes between a Consultant/Contractor and Employer relating to mobile telephone masts (two appointments)

➢ Adjudicator in a dispute between Consultant and Employer relating to a substantial engineering project

➢ Adjudicator in a dispute between Employer and Main Contractor regarding civil engineering works at a waste to energy plant (two appointments)

➢ Adjudicator in a dispute between a Contractor and a bank relating to defects in heating/air conditioning equipment

➢ Adjudicator in a £3m dispute between a Contractor and Employer relating to the construction of a gas storage facility

➢ Adjudicator in a dispute between a Developer and a Contractor regarding piling works

➢ Adjudicator in disputes between a university and a PPP Contractor regarding FM issues arising under the project agreement (three appointments)

➢ Adjudicator in a dispute regarding payment issues between Main Contractor and a Sub-Contractor on a groundworks contract

➢ Adjudicator in a £3m dispute between the Employer and EPC Contractor relating to defects in a mechanical and biological treatment plant

➢ Adjudicator in a dispute arising from the construction of a £100m mechanical and biological treatment plant in England (two appointments)

➢ Adjudicator in disputes between the Employer and Main Contractor regarding the construction of a biogas facility (three appointments, amounts claimed £3.5m)

➢ Adjudicator in a £10m dispute between the Employer and the Main Contractor regarding the construction of a substantial office development in central London (decision rendered in 2016)

➢ Adjudicator in a £7m dispute regarding the construction of an energy from waste plant (decision rendered in 2016)

➢ Adjudicator on a £750K dispute between a Sub-Contractor and a Main Contractor regarding glazing works (decision rendered in 2016)

➢ Adjudicator in a US$6m dispute between a Sub-Contractor and Main Contractor regarding a pipeline project in the Far East (five appointments – decisions rendered in 2017)

➢ Adjudicator in a £1m dispute between a Main Contractor and Sub-Contractor regarding works to a paint process facility (decision rendered in 2016)

➢ Adjudicator in a dispute regarding fees payable for professional services rendered on a substantial UK construction project (decision rendered in 2017)

➢ On Panel Of Adjudicators for £100m sports and entertainment complex in the UK

➢ On Panel of Adjudicators for £750m 25 year waste management PFI contract

Mediator

➢ Mediator in a dispute between architects and employers under the FIDIC Client/Consultant Model Services Agreement regarding a hotel project in Africa

➢ Mediator in a €100m dispute between an employer and contractor arising from a FIDIC Client/Consultant Model Services Agreement for the construction of a mining facility in the Middle East

➢ Mediator in a £2m dispute between an employer and consulting engineer regarding defects in an industrial facility in the UK

➢ Mediator in two disputes ($5m and $15m respectively) between a main contractor and a design consultant arising out of a US $10bn project in the Middle East

➢ Mediator in a high profile £15m dispute between a local authority and project managers in relation to disputes arising from the construction of an arts centre

➢ Mediator on an insurance coverage case following a fire in a block of flats in Central London

➢ Mediator in a dispute between sub-contractors relating to a major transport infrastructure project in Central London

➢ Mediator in a dispute between developer and contractor relating to a housing development

➢ Mediator in a multi-party dispute relating to alleged defects in an office development

➢ Mediator in a dispute between a firm of quantity surveyors and a former employee

➢ Mediator in a multi-party dispute relating to water ingress in an office development

➢ Mediator in a multi-party dispute regarding a flood at a university

➢ Mediator in a multi-party dispute relating to damage to seawall defences
➢ Mediator in a dispute between developer and tenant regarding additional costs incurred in a very substantial office development

➢ Mediator in a dispute between employer and contractor following the destruction by fire of a school

➢ Mediator in a dispute relating to construction defects in a school building

➢ Mediator in a multi-party dispute between employer, contractor, architect, services engineer and project manager relating to the construction of a large private residence

➢ Mediator in a dispute between a local authority and a waste management contractor relating to a landfill facility

➢ Mediator in a dispute between tenant and landlord of commercial premises relating to defects in heating/air conditioning equipment

➢ Mediator in a dispute between a housing association, contractor and architect relating to a housing development

➢ Mediator in a dispute between a housing association and architects relating to planning aspects of a substantial residential development

➢ Mediator in a dispute between a government department and engineers regarding a survey of contaminated land

➢ Mediator in a dispute between a developer and engineers relating to defects in a residential development

➢ Mediator in a dispute between a developer and a main contractor regarding defects and delay/expense claims arising from a mixed commercial/residential development

➢ Mediator in a dispute between a house owner and an insurance company relating to coverage issues following an escape of water

➢ Mediator in a dispute between contractor and employer regarding valuation of the Final Account

➢ Mediator in a substantial dispute between a contractor and a local authority relating to valuation of works and defects

EXPERIENCE AS COUNSEL

Has acted as legal representative in numerous disputes for employers, contractors, sub-contractors, construction professionals, buyers and sellers, including the following:-

POWER & UTILITIES
➢ Advice to a German company on an EPC contract for the provision of a waste to energy facility in Kent, England; handling extensive disputes with major package contractors regarding quality and performance issues
➢ Advice relating to performance issues arising from a contract for the provision of a coal washing facility in South Wales
➢ Handling the contract negotiation and subsequent ICC arbitration proceedings relating to the provision of a tunnel boring machine for a mineral mine in Sardinia
➢ Advice regarding the contractual arrangements with a major supplier to a power generation company
➢ Advice on contractual issues arising from remediation works following construction of the Thames Barrier
➢ Dealing with contractual disputes arising out of the provision of an effluent treatment plant in Northern England
➢ Acting for the contractor in connection with disputes and later arbitration proceedings arising from the construction of power plants in the Middle East

MARINE
➢ Representing a major sub-contractor in an ICC arbitration with the EPC contractor concerning the construction of an LNG terminal in South America
➢ Advising on several disputes relating to the provision of oil field services to North Sea platforms including equipment failure and contractual issues
➢ Acting for a sub-contractor in disputes with the EPC contractor relating to the construction of an LNG terminal in Wales
➢ Advice regarding contractual disputes arising from a fire and consequent production issues on a North Sea platform
➢ Advising a major international drilling corporation on issues arising from the construction of a semi-submersible drilling rig in the Middle East
➢ Handling several contractual claims, including arbitration and High Court proceedings, arising from the provision of heavy plant and machinery in the marine, propulsion technology and defence aerospace fields
➢ Initial advice to a US marine contracting corporation on potential arbitration proceedings in connection with a contract for the provision of floating accommodation to a project in Central Europe
TRANSPORT AND ROADS
➢ Representing the Employer in an ICC Arbitration relating to claims by the Contractor on a road project in Poland
➢ Advice relating to the provision of engineering services for the Jubilee and Northern Lines upgrade project
➢ Carrying out a detailed review of the legal basis for removal of vehicles and loads from the strategic road network
➢ Review of the contractual provisions for the proposed A303 Stonehenge Tunnel project
➢ Representing the contractor in arbitration proceedings arising from the construction of a motorway in the South of England
➢ Dealing with disputes arising from the construction of a substantial transport interchange in the North of England
PROCESS PLANTS
➢ Advising on a DBO contract for the provision of a paint production facility in Saudi Arabia
➢ Conducting an ICC arbitration against a UK Design and Build contractor arising from the provision of a fertiliser plant in Latin America
➢ Representing the contractor in ICC arbitration proceedings arising from the construction of a cement factory in Nigeria
➢ Acting on behalf of turnkey contractors in substantial disputes relating to a block producing facility in the UK
➢ Representing the owner of a mineral and process handling plant in disputes with the turnkey contractor, including an arbitration on preliminary issues, involving issues of delay and defective design/workmanship
➢ Acting for an EPC contractor in disputes with the employer regarding the construction of a polyethylene plant

RETAIL
➢ Handling litigation and adjudications on behalf of an employer arising from performance and quality issues on a contract for the refurbishment of a shopping centre near Birmingham, England
➢ Advice to a main contractor relating to cost overruns on the construction of a shopping centre in North London
➢ Contractual advice for a major package contractor regarding the construction of shopping centres in Glasgow, Scotland and Birmingham
➢ Dealing with litigation regarding a contract for the provision of fire protection at a shopping centre in Glasgow, Scotland
HOSPITALS/MEDICAL
➢ Dealing on behalf of a US corporation with the negotiation of contracts with the UK supplier for the design, manufacture and supply of equipment for hyperbaric chambers
➢ Acting for architects in disputes concerning the design of a hospital in Northern England
➢ Acting for a sub-contractor in a dispute with the main contractor under a PFI contract for the refurbishment of a central London hospital
➢ Representing the main contractor in disputes with an NHS trust regarding a PFI contract for the extension of a hospital in South East England
DEFENCE PROJECTS
➢ Representation over a period in excess of 5 years on behalf of a US corporation in three large ad hoc arbitrations with the UK Government relating to the design, procurement, supply and installation of simulation equipment to be used for military training purposes.
COMMERCIAL/HOTELS
➢ Representing sub-contractor in claims in arbitration against main contractor arising from the construction of a prison in the UK
➢ Representing main contractors in claims against a worldwide hotel operator arising from the refurbishment of a hotel in London
➢ Acting for a hotel operator in a dispute with the main contractor regarding the construction of a hotel in central London
➢ Handling a number of disputes for a sub-contractor relating to commercial buildings in the UK, mainly regarding quality and performance issues, including both adjudication and arbitration proceedings
➢ Representing an Irish contractor in a dispute with a main contractor regarding the construction of an office block on the Isle of Man
➢ Representing the owner of a large storage facility in multi party arbitration proceedings against the contractor and professional team relating to defects in the facility
➢ Representing a local authority in disputes with the contractor and the architect on a project for the refurbishment of a leisure centre
➢ Acting for contractors in a number of matters relating to commercial and residential developments, including disputes with developers and sub-contractors
➢ Representing developers in a dispute with sellers of land regarding overage payments
➢ Acting for property developers in disputes with sellers of land relating to work undertaken by statutory undertakers
➢ Representing developers in connection with arbitration proceedings against sellers regarding the terms of the Development Agreement
GENERAL
➢ Acting for buyers and sellers of commodities (e.g. sugar, grain, metals) in several arbitrations arising from defects in quality and/or late delivery
➢ Representing property and adjoining owners in matters relating to the Party Wall Act and regarding rights of light issues

LECTURES AND PAPERS DELIVERED

➢ Has delivered many conference papers on construction and arbitration topics, particularly regarding Dispute Boards, dispute avoidance and resolution
➢ Has lectured extensively on the FIDIC forms of contract
➢ Currently Course Director for Dispute Board training with the Chartered Institute of Arbitrators

PUBLICATIONS

➢ Mediation and Dispute Boards – Institution of Civil Engineers Journal, 2009
➢ Introduction to new CIArb Guidelines – Arbitration, May 2010
➢ How to choose a Mediator – CIArb Resolver, November 2010
➢ Statutory Adjudication in the UK: Past, Present and Future – Netherlands Mediation and Conflict Management Journal, December 2012
➢ Recent Developments in United Kingdom Adjudication: A Focus on Natural Justice – Newsletter of the Malaysian Society of Adjudicators, Volume 1, issue 1, January-June 2014

EDUCATION

Hereford Cathedral School (1963 – 1970)

St John’s College, Cambridge (1970 – 1973)
BA 1973 MA 1977