Construction and Infrastructure Disputes

Represented a major EUROPEAN CONTRACTOR in Stockholm arbitration under the SCC Rules against the client concerning a contract for a major road reconstruction financed by the EBRD. The contract was based on the terms of the FIDIC Red Book. The dispute arose from the non-payment of amounts certified by the engineer under the contract. The main issues in dispute related to the contract price escalation clauses, in particular the base material cost for the application of the formulae prescribed by those clauses.

Represented a large AZERBAIJAN CONTRACTOR in an arbitration in Stockholm under the SCC rules against the client in a major road reconstruction project financed by the EBRD. The contract was based on FIDIC terms and conditions. The dispute concerned various issues, including force majeure related to the COVID-19 pandemic, a challenge to the finality of an engineer’s decision, the employer’s fault for project delays and other contentious issues.

Advised a foreign investor on complex Kazakh law and choice-of-law issues arising from the construction of trunk and flow pipelines under an EPC contract at a major oil and gas field in Kazakhstan. The dispute, valued at hundreds of millions of US dollars, required detailed analysis of governing law clauses, contractual risk allocation, and regulatory compliance in the Kazakhstan energy sector, as well as the interaction between Kazakh and international construction standards.

Represented a Turkish contractor in a USD 200 million dispute with a building owner over alleged defects in construction work, an attempt to utilize a warranty for the defects notification period and other matters.

Represented ENKA İnşaat ve Sanayi A.Ş. (ENKA) in a multi-million dollar dispute with a client relating to alleged defects in construction works, attempted utilisation of warranty for the period of defects notification and other issues.

Represented a CROWN CONTRACTOR in a dispute with a local subcontractor relating to work and claims under a subcontract.

Represented ENKA İnşaat ve Sanayi A.Ş. (ENKA) in a dispute with several persons and a state registration authority in connection with disputed ownership of flats (valued at several million USD) and registration of ownership.

Represented a MAJOR CONSTRUCTION CONTRACTOR in a dispute with a developer over non-payment of over USD 40 million.

Represented a local subsidiary of Punj Lloyd Limited, a major Indian engineering construction company, acting at the Kashagan and Karachaganak fields as general contractor and subcontractor (under a contract with Agip Kazakhstan North Caspian Operating Company NV) respectively, in multiple court cases in all instances through the Supreme Court of the Republic of Kazakhstan, lasting in total for nine years over various agreements on the construction of export pipelines. The aggregate value of the matters exceeded USD 20 million.

Advised a CONFIDENTIAL CLIENT on a major litigation involving design, procurement and construction issues.