Arbitrations / Disputes as Counsel
Investor State Arbitration / Advice
Asian Privately Financed Rail BOT Project Arbitration (US$200m claim)
Acting for an international hedge fund in an investor-host State arbitration proceedings against the Philippine Government filed at ICSID in Washington in claims under a bilateral investment treaty for the host State’s breaches of the protection provisions of the treaty relating to an investment in a privately financed rail project in Manila. Advised on key provisions of Netherlands - Philippines Bilateral Investment Treaty, including protection from expropriate of assets, breach of the umbrella provision relating to breaches of the underlying build own operate agreement, and the application of the most favoured nations provision to third party treaty dispute mechanisms. Drafting and filing of Request for Arbitration at ICSID. Negotiation with relevant Philippine government agency in relation to the alleged breaches of the underlying agreement. The matter was successfully settled within 3 months of filing the Request for Arbitration (all of which has been placed on the public record by the Philippine Government).
Bilateral Investment Treaty – Investment Dispute Advice
Numerous advisory matters on structuring of investments in various jurisdictions, and advice on terms of appropriate bilateral investment treaties including China, African Congo, Myanmar, Vietnam, Hong Kong, Malaysia, Mongolia, Philippines, Indonesia, and Thailand, covering a wide range of direct investments such as water supply projects, oil and gas, mining, port facilities, and various indirect investments such as bond and share issues. Gordon has reviewed, assessed, and advised upon over 1000 Bilateral Investment Treaties.
Oil and Gas / Process Plant / Mining
Iron Ore Project Adjudication, Western Australia (A$750k)
Successfully representing a main contractor in adjudication proceedings under the Construction Contracts Act (WA) 2004 defending a claim for electrical work under a sub-contract for the development of an iron ore processing plant in Western Australia.
Singapore Ethylene and Propylene Petrochemical Project Arbitration (US$6m)
Acting for an Australian international contractor in arbitration proceedings by a pipe insulation subcontractor for claims of US$6m for delay and disruption, additional preliminaries costs, and extension of time. SIAC arbitration under its expedited procedure, Singapore law.
Singapore Polypropylene Plant, Challenge to Arbitration Clause
Acting for a multi-national contractor on instructions and legal input to local counsel in respect of a successful challenge by a sub-contractor in the Singapore High Court of an arbitration clause in the sub-contract following successful jurisdiction challenge in Singapore arbitration proceedings.
Thai Oil and Gas Offshore Pipeline (US$100m claim)
Acting for a Korean contractor on a range of claims amounting to US$100m+ arising out of the design and construction of an offshore oil and gas pipeline in Thailand under an EPC contract. Thai Arbitration Institute arbitration in Thailand under Thai law.
Thai Oil and Gas Offshore Pipeline (US$10m claim)
Acting for a Korean contractor on coverage under a Contractors’ All Risks Policy as a result of a third party dredging company damaging an offshore pipeline during construction, and advice of potential action against third party dredging company.
Malaysia Oil and Gas Offshore Pipeline (US$15m)
Acting for international insurers in advice coverage on a US$15m claim under an energy policy arising from the accelerated corrosion of a sub-sea oil and gas pipeline caused by sulphate reducing bacteria.
Oil and Gas Jack-up Drilling Rigs Arbitration, LCIA Rules, London Arbitration (US$550m claim)
Acting for a Korean contractor on a London arbitration, under English law, in claims for delay, disruption, and variations, and counterclaims for wrongful termination, arising from the design and construction of two state-of-the-art jack-up drilling rigs for the North Sea under two EPC contracts.
Thai Fertilizer Process Plant Arbitration, UNCITRAL Rules, Bangkok Arbitration (US$240m+ claims & c/claims)
Acting for a Japanese/Korean contractor joint venture in a Thai arbitration under the UNCITRAL rules, administered by the Thai Arbitration Institute, involving multiple variation claims, extension of time, delay and disruption, alleged defects, and liquidated damages for delay arising from a design and construction of a fertilizer process plant under an EPC contract in southern Thailand. Bangkok arbitration, UNCITRAL Rules, under Thai law.
Thai Fertilizer Process Plant Performance Bond Litigation (US$35m claim)
Acting for a Japanese/ Korean contractor joint venture in successfully defence of a call by the owner on the client’s US$35m performance bond provided under an EPC contract for the design and construction of a process plant in Thailand. Thai litigation.
Indonesian Coal Mine (US$10m claim)
Acting for an Australian construction contractor in a claim against the owner for delays and disruption, and escalation costs in a coal haulage contract in Indonesia, Indonesian law.
Thai Oil and Gas Pipeline, TAI Rules, Bangkok Arbitration (US$5m claim)
Acting for an international contractor in defending claims by a sub-contractor arising out of the design and construction of an oil and gas pipeline in Thailand under an EPC contract. Thai arbitration under the Thai Institute of Arbitration rules, under Thai law.
Qatar Oil & Gas Project Arbitration, UNCITRAL Rules, London Arbitration (US$300m claim)
Acting for a Korean contractor in claims of US$300m arising out of the design and construction of a series of oil and gas fixed platforms in Qatar under an EPC contract. Claims involving delay and disruption, multiple variations, alleged defects, and liquidated damages for delay. London arbitration under UNCITRAL Rules, under English law.
Saudi Arabian Polypropylene Process Plant, Tokyo Arbitration (US$45m claim)
Acting for a Turkish international contractor in arbitration proceedings involving claims of US$45m, arising from delay, disruption and variation claims against a Japanese main contractor arising out of the design and construction of a polypropylene plant in Saudi Arabia. Jurisdictional arising from whether the Japanese main contractor, non-signatory, was a party to the arbitration agreement as a consequence of its relationship with its wholly owned Saudi Arabian entity. Tokyo arbitration, ICC Rules, under Japanese law.
Indonesian Gold Plant (US$70m claim)
Acting for international reinsurers on coverage under a Contractor’s All Risks policy for a claim of US$70m arising from a land slip failure of a process plant site in Indonesia during construction, and on potential subrogation proceedings against the plant designers. Governed by Indonesian law.
West Australian Oil & Gas Project (US$40m claim)
Advising financiers in a claim by the project owner for US$40 million for delay, equipment failures, and consequential losses, against an oil and gas contractor for marine vessel services for pipeline installation for an offshore project in North West Australia.
Goodwyn “A” Project West Australian Supreme Court Litigation (A$274m claim)
Member of litigation team acting for Lloyds underwriters action for A$274m subrogated claim against designers and design verifiers of the Goodwyn “A" offshore platform pile collapse damage, involving issues of designers coverage and / or benefit of the waiver of subrogation provisions under a Contractor's All Risks policy, defective design of the 200m two-stage sub-sea piling system, and applicability of limits of liability of the design contract.
Westralian Sands West Australian Supreme Court Litigation (US$3m)
Acting for a major West Australian mining company in a US$3m Supreme Court of Western Australia action for wrongful termination, and a counterclaim by the client for defective design, arising from the design and construction of a limesands plant in Western Australia.
Advising a contractor on a range of issues, including rights to omit work, variations, and termination, arising from the design and conversion of an FPSO in Singapore.
New Zealand FPSO (US$5m Claim)
Advising an operator / owner of an FPSO on its rights under an FPSO lease agreement for a oil and gas field in New Zealand, involving interaction between quantum of payment due for hire and operator's rights and obligations for maintenance of the vessel.
Australian Federal Court Litigation (A$17m claim)
Acting for a professional services firm defending a claim for breach of standard of care, and breaches of the Trade Practices Act arising out of the engineering and procurement of a gold project in the Dominicana Republic.
Singapore Sub-sea Pipeline, ICC Rules, Singapore Arbitration (US$10m claim)
Acting for a major European contractor in arbitration proceedings under ICC rules involving a dispute in respect of delay and disruption, defective work, and liquidated damages for delay, arising from the construction of off-island oil submarine pipelines in Singapore. Issues involved interpretation of extension of time and liquidated damages for delay.
Indonesian Paper Pulp Project, ICC Rules, Singapore Arbitration (US$30m+ claim)
Acting for an international boiler supplier for claim by owner for defective power boiler, and wrongful termination of the contract by the employer. Singapore arbitration, ICC Rules, under English law.
Indonesian Oil and Gas Platform (US$20m claim)
Acting for Korean international contractor supplementing Indonesia law advice on defects claims arising out of the design and construction of an oil and gas platform in Indonesia.
Singapore Jurong Island Process Plant (US$30m claim and counterclaims)
Acting for Japanese contractor in a dispute with a Singapore main contractor, providing advice on contractor’s entitlement to extension of time, entitlement to completion bonus, and liability for liquidated damages. Preparation of statement of claim for extension of time and associated disruption and acceleration costs of US$10m.
Singapore Incineration Plant Contract (US$10m claim)
Acting for a major Japanese contractor concerning the Superintendent’s withholding of payments for the supply of equipment to the site in a dispute with the owner in major incineration plant in Singapore (US$750m contract).
Hydro Electric Project in Lao (US$10 claims)
Acting for the Japanese main civil contractor in a series of issues arising out of the design and construction of civil works under an EPC contract (based on the FIDIC Silver Book) for a 1000 MW privately financed hydro-electric scheme in Lao
Malaysian Bakun Dam Project (US$500m+ contract)
Acting for a Chinese main contractor advising on its liability on a range of issues associated with one o the world's largest dams in Sarawak, Malaysia.
China Power Project Arbitration, ICC Rules, Singapore arbitration (US$80m claim)
Acting for a Japanese turbine supplier in a claim by owner for liquidated damages for failure to meet the turbine performance guarantees for heat rate under an EPC contract. ICC Rules, Singapore arbitration, under PRC law,
Thailand Power Project
Preparation of risk analysis for Thai Power Company concerning potential termination and/or repudiation of joint venture agreement in a dispute with its joint venture partners relating to a privately financed Thai power project. Advice to client on response to its lenders concerning the terms of the joint venture agreement.
West Australian Coal Fired Power Project (330MW) Contract Extension of Time Claim
Acting for government authority providing advice on the interpretation and application of extension of time and liquidated damages provisions in a contract for the construction of a major power plant project in Western Australia.
Taiwan Rail Project (US$1000m+)
Advice to proponent for a Rail Project on interpretation of a consortium agreement for a High Speed Rail Project as to whether agreement to enter into engineering and design contracts was void for uncertainty. Singapore ICC arbitration, governed by Singapore law.
Commercial / Infrastructure / Industrial
Asian Privately Financed Rail BOT Project Arbitration (US$2.2b claim)
Acting for an Asian project company owner of a rail project in a buyout claim against an Asian State arising from the State's breaches of a build, lease and transfer agreement for the design, construction and maintenance of a privately financed rail project. Singapore arbitration, UNCITRAL Rules, under Phlippine law.
Dubai Metro Rail Project
Acting for a Japanese joint venture to review and comment on its claims submissions to the owners for extensions of a major underground rail project in Dubai.
Malaysia Bridge Collapse
Acting for an international insurer in the assessment of a consulting engineer's negligence arising from the collapse of a pre-stressed concrete, cantilever construction bridge in Kuala Lumpur.
Hong Kong Project Arbitration (US$8m claim)
Acting for a Japanese contractor in claims and counterclaims arising from the supply of labour for the construction of a high rise residential development in Hong Kong. Hong Kong arbitration, HKIAC rules, under Hong Kong law.
Singapore Hotel Refurbishment Arbitration (US$25m claims)
Acting for a French contractor in two arbitrations involving claims of US$25m against the developer, and defence of claims against a mechanical & electrical contractor arising from the design and construction of a 5 star hotel refurbishment of a heritage building in Singapore, involving ad hoc arbitration. Singapore arbitration, ad hoc, under Singapore law.
Singapore Commercial Building Litigation (US$50m+ claims)
Acting for a Korean contractor in litigation proceedings against its insurer in the Singapore High Court relating to a claim under its contractors all risks policy for damage to a defective high rise building in Singapore arising from defective piing.
Singapore Commercial Building (US$80m+ claims)
Acting for a Korean contractor against the Singapore owners in a claim for a defective high rise building in Singapore, arising from settlement of the foundations for a design and build project. Advice on all aspects of defects, including insurance issues and potential actions.
Moscow Commercial Project (US$500,000 claims)
Acting for a Japanese contractor in claims by a sub-contractor for loss of profit on omission of work arising from the design and construction of the Japanese embassy in Moscow.
Malaysia Steel Mill
Acting for an Italian manufacturing of steel mill equipment in claims against a Malaysian entity arising from the construction of a steel mill in Malaysia.
Equipment Supply Arbitration (US$18m claim)
Acting for a Canadian entertainment company in arbitration against Indian and Mauritius entities for breaches of an equipment purchase agreement, and long-term maintenance agreement. Singapore Arbitration, ICC Rules, under Singapore law.
China (Shanghai) Commercial Building Arbitration (US$2.5m claim)
Acting for a Korean contractor against a Chinese owner for claims for variations and changed ground conditions under a FIDIC contract, providing for PRC law, and ad hoc arbitration in Singapore. Singapore International Arbitration, ad hoc, under PRC law.
Singapore Commercial Project Arbitration (US$3.5m claim)
Acting for an Australian contractor for the design, supply and installation of fibre cement panels for a commercial building in Singapore. Claims of US$3.5m against the main contractor for extension of time, delay and disruption, variations and wrongful termination of the contract. Singapore arbitration, SIAC Rules, under Singapore law.
Singapore Infrastructure Project Arbitration (US$1.2m claim)
Acting for a Malaysian structural steel subcontractor in a Singapore arbitration under ICC Rules. Claim against the main contractor for delay, disruption and variations arising out of a Singapore government civil/building infrastructure project. Singapore arbitration, ICC Rules, Singapore law.
Singapore Infrastructure Project Arbitration (US$4.0m claim)
Acting for a Korean international contractor in an arbitration under the Singapore International Arbitration Centre Domestic Rules for claims by a subcontractor and counterclaims relating to delay, quality of works, and omission of works arising out of land reclamation works. Singapore arbitration, SIAC Rules, under Singapore law.
Singapore Commercial Project Arbitration (US$1.2m claims)
Acting for major Japanese sub-contractor in an ad-hoc arbitration administered by SIAC against a Singaporean company arising out of a structural steel supply and erection contract, involving claims for delay costs and multiple variations. Conduct of mediation under the Singapore Mediation Centre. Singapore arbitration, SIAC Rules, under Singapore law.
Indonesian Arbitration (US$14m claim)
Acting for Indonesian developer in an arbitration under the BANI rules for a US$14m claim by a Japanese contractor alleging wrongful termination of the construction contract for a high rise commercial building in Jakarta. Jakarta Arbitration, BANI Rules, under Indonesian law.
Petronas Twin Towers, Kuala Lumpur Arbitration (US$2m claim)
Acting for European contractor in $US2m claim relating to disallowed variation orders, and advice on provisional sum issues. Kuala Lumpur Arbitration, KLRCA, under Malaysian law.
Singapore Reclamation Project
Acting for a dredging joint venture advising on its liability for handover of part of completed reclamation works arising out of a substantial land reclamation project in Singapore.
Indonesian Infrastructure Contract (US$30m+ claim)
Acting for a European infrastructure operator for advice on potential claims and/or termination of a major privately financed water infrastructure concession contract in Jakarta, involving potential investor-State proceedings. Contract governed by Indonesian law, and provides for UNCITRAL arbitration in Singapore.
Singapore Tunnel Project
Acting for a German contractor in relation to claims for unforeseen ground conditions arising from a tunnel contract in Singapore.
Singapore Biomedical Facility (S$250m project)
Acting for a Korean contractor on a dispute on extension of time for sectional completion of parts of the works.
Malaysian Solid Waste Management Project
Acting for an international contractor advising on a dispute arising out of the project agreements for a toxic and hazardous waste project in Malaysia.
Indonesian Pharmaceutical Company (US$1.0m claim)
Advice to German contractor for variation claims submitted to client by a subcontractor under a design and build sub-contract for a pharmaceutical project in Indonesia.
Singapore Infrastructure Project (US$200m project)
Advice to Korean international contractor on tender bid for major road works. Advice on tender withdrawal and debarment issues, successfully settled and awarded the contract.
Indian Metro Rail Project (US$500m project)
Advice to Japanese international contractor on dispute with joint venture partner on successful tender for major rail infrastructure project. Successfully resolved dispute to maintain existing joint venture.
Kuala Lumpur Commercial Project (US$20m claim)
Acting for a Japanese construction contractor in a claim arising out of a tunnel project in Kuala Lumpur, relating to unforeseen ground conditions, and changes to design specifications. Preparation of advice, and assistance in preparation of contractor’s claim.
Malaysian Rail Project, Kuala Lumpur
Advice to a firm of international consulting engineers as to their liability to their client and to third parties for alleged negligent performance of their duties under the construction contract for a major rail infrastructure project in Malaysia.
Kuala Lumpur Commercial Project (US$300m)
A US$5 million+ claim for delay costs and an associated extension of time against the employer (a major Malaysian development company) by a European contractor in respect of delay caused to a US$300 million commercial development in Malaysia. This involved an assessment of the contractual provisions, assessment of the client’s documents, preparation of a detailed chronology, preparation of a legal opinion as to the contractor’s entitlements, and preparation of the claim for an extension of time and delay costs
Building Plan Breach of Copyright, Perth
Acting for Perth building contractor defending an action for alleged breach of copyright of project builder’s plans. Advice to client on alleged breach, conduct of correspondence for settlement.
Architectural Plan Breach of Copyright, Perth
Acting for architect in relation to breach of copyright of building plans by home owner and builder. Advice to client on breach.
Defective Design and Construction of Industrial Building WA Supreme Court Litigation, Perth (US$2m claim)
Acting for building owner in relation to claim for defective design and construction of a reinforced concrete ground slab for a Perth industrial building
Commercial Building WA Supreme Court Litigation (US$1m claim)
Acting for structural steel sub-contractor in Supreme Court action for delay cost and variation claims.
Kuala Lumpur Commercial Project (US$50m project)
Advice to a European contractor arising out of alleged repudiation of the construction contract by the owner for a major commercial development following the 1997 Asian financial crisis.
Jakarta Commercial Project
Advice to German building owner as to the liability of the main contractor, consultants, suppliers for defects in building. Advice on extension of time and delay costs claim by the building contractor, arising out of the Jakarta riots in May 1998.
Singapore Commercial Project Piling Claim
Acting for an international consulting engineer in relation to a wrongful termination claim arising out piling damage to adjacent structures allegedly as a result of in adequate foundation design and supervision of a commercial development in Singapore.