International Construction Arbitration

Construction law is one of our key areas of practice. We have extensive expertise in handling international construction and engineering disputes and in applying the appropriate strategic approaches, not only in the conduct of the arbitral proceedings themselves, but also in pre-arbitral negotiation and mediation stages.

Construction, engineering and infrastructure disputes differ in nature from commercial disputes. Construction projects and the disputes that arise from them are invariably complex. They evolve during the project lifetime, require the coordination of a large number of parties, compliance with local regulatory norms throughout and often involve technical or design issues as well as funding, performance, variation and delay claims. We, therefore, approach the resolution of such disputes with an understanding of the specific nature of this sector.

We regularly advise clients, on a worldwide basis, in drafting and reviewing dispute resolution provisions and schemes in construction contracts, joint venture agreements, consortia agreements and turnkey contracts, including those based on industry models such as the International Federation of Consulting Engineers (FIDIC).

We advise and represent States and public entities, owners, contractors, suppliers, engineers, architects, consultants and developers in construction disputes and international arbitration and in every form of amicable negotiation.

Stewart Shackleton, who holds an MSc in Construction Law from Kings College, University of London, also sits as sole arbitrator, party-appointed arbitrator and chair of tribunals in complex international construction disputes.

Often instructed by local law firms, we work with them or with clients’ in-house legal teams. We have developed a network of construction experts and professionals available to assist in assessing claims and managing complex and document intense cases.

Selected representative assignments

  • Representing a Qatari company in disputes subject to local arbitration against a State entity arising out of a major oil and gas construction project in Qatar
  • Representing a Middle Eastern construction multinational in disputes arising out of a construction project for a multi-use tower in Abu Dhabi
  • Representing a Middle Eastern company in disputes arising out of the construction of two tower buildings in Dubai
  • Representing a Dubai group in a DIAC arbitration arising out of disputes relating to the construction of premises in one of the largest shopping malls in the UAE
  • Representing a major UAE company against the employer in a DIAC arbitration arising out of a contract for a major property development project in the UAE
  • Representing a Middle Eastern publication company in arbitral proceedings against Asian contractors arising out of a project for the construction of production facilities in Dubai
  • Representing a Chinese multinational in disputes governed by an ad hoc (UNCITRAL Rules) arbitration agreement arising out of a failed construction project for a major office complex in Eastern Europe
  • Representing a Middle Eastern construction company in a DIAC arbitration against a European party arising out of the construction of a residential tower in Dubai
  • Representing a Middle Eastern construction company in a local ad hoc arbitration arising out of the construction of a university for a Gulf State
  • Representing a UK company in an LCIA arbitration arising out of road construction works
  • Representing a Middle Eastern company in ICC arbitration concerning the construction and operation of an industrial plant in the United Arab Emirates as well as a failed joint venture
  • Representing a consortium of European investors in ICSID arbitration proceedings against a Latin American State in disputes arising out of major public infrastructure projects
  • Representing a European company against a Middle Eastern State in an ICC arbitration arising out the construction of port and harbor facilities
  • Representing an Indian company in an LCIA arbitration against a major European construction company concerning a turnkey chemical factory built in India
  • Representing a Japanese company in an ICC arbitration against a European State-owned entity arising out of the construction of hydroelectric facilities
  • Representing a UK design and engineering firm in an ICC arbitration against a German company arising out of a procurement contract for military building works
  • Representing a European company in ICC proceedings concerning the construction of a power plant in North Africa
  • Representing a Middle Eastern company in ICSID proceedings arising out of construction and property development projects in a North African State
  • Representing a UAE holding company in an ad hoc arbitration in Dubai with an owner arising out of the construction of a major shopping mall
  • Representing a Lebanese company in DIAC arbitral proceedings against a European company arising out of a joint venture for a series of construction projects in Dubai.