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Construction & Infrastructure

Construction & Infrastructure

Gillian has worked on many large, complex and high-value construction and infrastructure disputes, particularly in the Middle East and Africa (including Angola, Cameroon, Egypt, Iraq, Kuwait, Libya, Morocco, Oman, South Africa, Sudan, UAE and Uganda). She also has strong transactional experience of construction and concession infrastructure projects. Selected examples:

Arbitration, mediation and litigation

  • Mediation counsel in a series of real estate/construction disputes in France.

  • Arbitration for a public works authority of a Middle Eastern State in regard to disputes arising out of the construction of a water distribution system. Delay and disruption claims (ICC, Paris seat).

  • Series of arbitrations for the public works ministry of a Middle Eastern State. Construction of an entertainment complex, a motorway and a bridge. FIDIC contracts. Delay and disruption claims (ICC, Paris seats).

  • Series of PCA-administered UNCITRAL arbitrations relating to an oil pipeline project in Africa (London and Dubai seats).

  • Investor-State arbitration relating to a water pipeline construction project in Africa affected by civil conflict (ICC, London seat).

  • Series of arbitrations for a European hotel management company arising out of management contracts for the construction of hotels in the Middle East and parallel litigation (ICC, Paris and Cairo seats).

  • Investor-State arbitration relating to a public housing and commercial development project in Africa affected by civil conflict (ICC, Paris seat).

  • Arbitration for a Middle Eastern company against a US company arising out of the construction of military facilities in Central Asia. Delay and payment claims (American Arbitration Association (AAA) Construction Industry Arbitration Rules; Washington, D.C. seat).

  • Arbitration for a joint venture contractor arising out of the design and construction of a major commercial, residential and office development in the Middle East. Delay and disruption claim involving several methods of delay and disruption analysis, including system dynamics. FIDIC-based contract (CRCICA, Cairo seat).

  • Arbitration for a European environmental services company against an Asian party arising out of a concession for the construction, operation and maintenance of a waste to energy plant in Asia (ICC, The Hague seat).

  • Arbitration for a European joint venture under the Procedural Rules on Conciliation and Arbitration of Contracts financed by the European Development Fund. Road construction project in Africa. Delay and disruption claims (Paris seat).

  • Several institutional arbitrations (ICC and CRCICA) in connection with a hotel and leisure construction project in the Middle East and parallel litigation (Paris and Cairo seats).

  • Pre-arbitration: advising a European contractor in relation to delay and disruption and variation claims arising out of a contract for the engineering, procurement, construction and installation of a subsea production system offshore West Africa.

  • Litigation: representing a European contractor to the energy industry in multi-party litigation in France arising out of shipbuilding.

  • Litigation: representing a European public works contractor before a US court in relation to a dispute arising out of the construction of a toll road project in Eastern Europe.

Advisory

Numerous construction and infrastructure projects worldwide: rail, metro, waste management, waste to energy, construction of industrial plants, housing and commercial developments, marina developments, shipbuilding. Selected examples:

  • Advising a US corporation in relation to the construction of a government-sponsored housing scheme in an African State.

  • Advising a French construction company on dispute resolution provisions for a joint venture construction contract for a port in North Africa.

  • Advising a consortium constructing a metro system in a European city, auditing the contractual dispute resolution mechanisms and advising on multiple disputes before the local courts.

  • Advising a potential investor relative to a concession for the construction, operation and management of a marina in France.

  • Advising a UK engineering and consulting group, specialising in transport, in relation to potential litigation against an infrastructure services provider.

  • Advising a European transport operator in relation to a rail privatization bid.