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Building Under Construction

Engineering and
Construction

A considerable number of international arbitrations today relate to engineering and construction.  These require in-depth knowledge of industry standard contractual provisions and how risk is usually allocated in a construction contract, as well as a full understanding of technical concepts such as delay analysis methodologies, concurrency, defects, time at large, among others. 

 

Key to ensuring a successful representation is also the ability to identify the correct technical, delay or damages experts to support a case, as well as arbitrators with the appropriate subject matter experience to adjudicate a dispute. 

 

Our lawyers have significant experience in large arbitrations, representing owners, contractors and subcontractors, dealing with complex engineering issues and their impact on delays and quantum, and can advise from the pre-dispute stage all the way up the issuance of an arbitral award. 

Representative Experience
  • South American State-owned company in an ICC arbitration against an EPC contractor for cost overruns and delays in the construction of a crude oil refinery.  Over US$ 5 billion in dispute.

  • European public entity in an ad hoc arbitration against a South American constructor regarding defects and delays in the construction of a highway.  ​

  • South American State in a PCA investment arbitration under UNCITRAL rules initiated by a US investor concerning the modernization of an oil refinery.  Over US$ 110 million in dispute. ​

  • South American State-owned agency in 2 ICC arbitrations against Spanish contractors arising from the construction and operation of a tram line project. ​​

  • European company in an LCIA arbitration against a Middle Eastern contractor for delays and defects in the construction of a large-scale tram system. 

  • South American investors in an ICSID case against a State relating to a public transportation concession contract.  Over US$ 340 million in dispute.

  • Spanish State-owned company in a Paris-based ICC arbitration under French law concerning the termination of contracts for the construction of war submarines.  Over US$ 650 million in dispute.

  • South American State and State agency in an international arbitration before the PCA under UNCITRAL rules related to a public transport concession contract.

  • Central European State in an ICSID arbitration against a Belgian investor arising from the denial of construction permits for the development of a large real estate project.

Building Under Construction
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