Insights and Analysis
DIFC case update: Extensions of time, good faith and liquidated damages In construction contracts
23 May 2023
PartnerLondon
Email [email protected]hoganlovells.com
Phone +44 20 7296 2000
Fax +44 20 7296 2001
LanguagesEnglish
Practice groupLitigation, Arbitration, and Employment
Construction clients turn to Emerson Holmes thanks to his extensive experience in construction and engineering disputes in the infrastructure and oil and gas sectors. Emerson represents clients in a range of disputes throughout Asia, Australia, Europe, the Middle East, and Africa and under all of the major arbitral rules, as well as in dispute boards, adjudications, expert determinations, and early neutral evaluations.
Emerson represents and advises employers, contractors, subcontractors, and consultants in construction, engineering, and infrastructure project disputes. Specific project types have included power plants, liquefied natural gas facilities, mines, railways, airports, reclamations, floating production storage and offloading facilities, pipelines, petrochemical works, and traditional buildings. He also advises on commercial matters arising from infrastructure projects, including shareholder matters, insolvency, insurance, class actions, and procurement.
Emerson has been recognized for Singapore Construction in the Chambers Asia-Pacific guide.
Acting for a Korean contractor on multiple UNICTRAL arbitration concerning the construction of a mine in Western Australia. The arbitration is seated in Singapore and the governing law is the law of Western Australia.*
Acting for a Korean contractor on claims against a supplier of turbines for an independent power plant in Saudi Arabia and English law governs.*
Acted for a US contractor in a large off-shore LNG dispute involving repudiation and termination off the coast of northern Australia related to the determination of a joint venture involving the contractor-consortia.*
Acting for an American entity in relation to a US$3 billion ICC arbitration involving the design, procurement and construction of a portion of work that comprises one of the world’s largest LNG facilities.*
Advising an Italian contractor in an ICC arbitration concerning claims for extensions of time and loss and expense arising from the construction of a hydroelectric dam in Ethiopia.*
Acting for an Australia Joint Venture on disputes arising out of the design and construction of a process plant in Western Australia. *
Advising a state owned company in Indonesia about potential disputes with a contractor arising from the construction of a pumped storage power plant in Indonesia. The governing law was Indonesian law.*
Acting for an Italian contractor in an ICC arbitration arising out of the design and construction of an access road in Malaysia. (Malaysia law/Singapore seat)*
Advising an international contractor in relation to claims brought by a Korean entity arising from the construction of an off-shore facility in Malaysia.*
Acting for a Korean contractor in a SIAC arbitration arising out of the design and construction of a section of the MRT extension in Singapore. (Singapore law/Singapore seat).*
Advising an Italian contractor in a Dispute Adjudication Board arising out of the design and construction of a hydroelectric dam in Malaysia. *
Acting for a commodity house in a KLRCA arbitration arising out of various breaches of a supply agreement. The supply agreement was governed by the laws of Malaysia and the arbitration was seated in Kuala Lumpur.*
Advising a leading construction company in Malaysia in connection with multiple calls on performance securities which included hearings before the High Court of Malaysia.*
Advising an international oil major regarding the construction of a gas facility in the People's Republic of China. The issues included Production Sharing Agreement payments.*
Advising a leading Korean contractor related to performance obligations in an EPC contract for a Abu Dhabi Waste-to-Energy Project. The contract was governed by the laws of England and Wales.*
Acting in an ICC arbitration in relation to disputes arising from the construction works on a hydroelectric power project in Ethiopia. The project was procured on the FIDIC Red Book and Ethiopian law governed.*
Acting for a subcontractor in an ICC arbitration in relation to disputes concerning the construction of a power project in Nigeria. The arbitration was seated in Johannesburg and the contract was based upon the FIDIC Silver Book.*
Acting for a Taiwanese company against a U.S. company in an LCIA arbitration concerning defective works. English law governed the contract and the arbitration was seated in London.*
Acting for a Taiwanese company against a Korean entity in an UNCITRAL arbitration seated in Singapore arising out of the manufacture of defective wafers. Singapore law governed the contract.*
Acting for a Dutch contractor in SIAC arbitration proceedings in relation to claims arising from the construction of the Exxon Mobile Parallel Train Park in Singapore.*
*Matter handled prior to joining Hogan Lovells.
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