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Indian pipeline arbitration
Disputes arose between a subcontractor and principal contractor in relation to a major Indian multi-purpose pipeline project. The contract was governed by Swiss law. The disputes were determined under the Rules of the International Chamber of Commerce (ICC), before a panel of three arbitrators in Lausanne, Switzerland and Paris, France. Parallel court proceedings were conducted in Italy, Australia, India and the Czech Republic on discrete issues such as the draw down of bank guarantees and the securing of assets.
Singapore gas pipeline arbitration
Disputes arose over the design and construction of a gas pipeline in Singapore. Parallel arbitration proceedings were conducted in Singapore, the first under the Rules of the Singapore Centre for International Arbitration, the latter on the basis of ad hoc arbitration. Related proceedings were initiated in the Singaporean and Australian courts and settlement was achieved before final hearing of all proceedings.
Philippines and Singapore in hydro-electricity dispute
A substantial hydro-electricity project in the Philippines suffered substantial disputation. The governing law was the law of the Philippines and the venue for the arbitration was Singapore. The disputes were to be resolved under the ICC Rules. Difficult issues associated with jurisdiction and applicable law threatened to de-rail the process. We were able to expeditiously achieve successful rulings to facilitate this ICC arbitration. Parallel court proceedings were conducted in the Philippines in relation to the draw down of letters of credit.
Engineering, Procurement and Construction contract
Significant issues arose towards the end of substantial engineering, procurement and construction contract for a major processing plant in Australia. Federal Court proceedings were initiated to preserve claims under the Trade Practices Act. The dispute was otherwise going to be resolved by arbitration involving several international parties.
Contractual disputes requiring arbitration
A shopping centre redevelopment was governed by contracts requiring disputes to be referred to arbitration. The project was substantially prolonged and there were significant cost overruns. Issues in dispute included claims for extensions of time and liquidated damages, arguments of prevention, concurrent delay and penalties, arguments as to scope, Trade Practices Act claims, Practical Completion issues and various contractual and payment claims.
Warehouse development dispute
A warehouse development had been proceeding smoothly until it was recognised towards the end of the project that construction activities substantially departed from approved plans in a number of respects. Importantly, this would give rise to substantial loss and damage, including pure economic loss, during the future intended use of various parts of the facilities. Disputes arose and were referred to arbitration. The issues in dispute included arguments as to the scope of work, responsibility for design, recoverability of economic and future loss, quantification of losses, defect rectification, rebuilding obligations, duty of care issues and security for costs.
Public infrastructure project involved in cross claims
The progress of an important public infrastructure project began to slow dramatically. Substantial claims ultimately arose and were referred to arbitration, including various cross claims. It was necessary to deal with claims of delay, which included:
Indian pipeline arbitration
Disputes arose between a subcontractor and principal contractor in relation to a major Indian multi-purpose pipeline project. The contract was governed by Swiss law. The disputes were determined under the Rules of the International Chamber of Commerce (ICC), before a panel of three arbitrators in Lausanne, Switzerland and Paris, France. Parallel court proceedings were conducted in Italy, Australia, India and the Czech Republic on discrete issues such as the draw down of bank guarantees and the securing of assets.
Singapore gas pipeline arbitration
Disputes arose over the design and construction of a gas pipeline in Singapore. Parallel arbitration proceedings were conducted in Singapore, the first under the Rules of the Singapore Centre for International Arbitration, the latter on the basis of ad hoc arbitration. Related proceedings were initiated in the Singaporean and Australian courts and settlement was achieved before final hearing of all proceedings.
Philippines and Singapore in hydro-electricity dispute
A substantial hydro-electricity project in the Philippines suffered substantial disputation. The governing law was the law of the Philippines and the venue for the arbitration was Singapore. The disputes were to be resolved under the ICC Rules. Difficult issues associated with jurisdiction and applicable law threatened to de-rail the process. We were able to expeditiously achieve successful rulings to facilitate this ICC arbitration. Parallel court proceedings were conducted in the Philippines in relation to the draw down of letters of credit.
Engineering, Procurement and Construction contract
Significant issues arose towards the end of substantial engineering, procurement and construction contract for a major processing plant in Australia. Federal Court proceedings were initiated to preserve claims under the Trade Practices Act. The dispute was otherwise going to be resolved by arbitration involving several international parties.
Contractual disputes requiring arbitration
A shopping centre redevelopment was governed by contracts requiring disputes to be referred to arbitration. The project was substantially prolonged and there were significant cost overruns. Issues in dispute included claims for extensions of time and liquidated damages, arguments of prevention, concurrent delay and penalties, arguments as to scope, Trade Practices Act claims, Practical Completion issues and various contractual and payment claims.
Warehouse development dispute
A warehouse development had been proceeding smoothly until it was recognised towards the end of the project that construction activities substantially departed from approved plans in a number of respects. Importantly, this would give rise to substantial loss and damage, including pure economic loss, during the future intended use of various parts of the facilities. Disputes arose and were referred to arbitration. The issues in dispute included arguments as to the scope of work, responsibility for design, recoverability of economic and future loss, quantification of losses, defect rectification, rebuilding obligations, duty of care issues and security for costs.
Public infrastructure project involved in cross claims
The progress of an important public infrastructure project began to slow dramatically. Substantial claims ultimately arose and were referred to arbitration, including various cross claims. It was necessary to deal with claims of delay, which included:
- costs for delay
- acceleration and prolongation claims
- neutral delay claims
- issues associated with the recovery of off-site overheads and profit
- misleading and deceptive conduct claims (including by silence)
- time bars
- good faith obligations
- superintendent duties
- arguments as to the waiver of legal professional privilege
- discovery obligations in relation to commercially sensitive documents.