Practices

Construction Litigation and Arbitration

Joseph Hage Aaronson & Bremen has one of the world’s premier practices in construction litigation and arbitration.

The practice is led by James Bremen, who was the former Global Chair of the Construction and Engineering Practice at Quinn Emanuel Urquhart & Sullivan and, before that, a senior partner at Herbert Smith Freehills. James has over 25 years of experience in the world’s largest and most complex construction and engineering projects and most difficult disputes. James is ranked in four categories in Chambers: UK-wide, Construction: International Arbitration; Middle East-wide, Dispute Resolution; Qatar, Dispute Resolution: International Firms; and Qatar, Projects& Energy. He also has been listed as a construction specialist in Who’s Who Legal from 2015 to date. Clients describe him as “peerless in his knowledge and tactical awareness” – Legal 500 UK (2022) and praise his strategic abilities, saying “James is great at formulating a clear strategic vision and is very calm under pressure” – Chambers UK (2022).

James leads a team of specialist construction and engineering disputes lawyers (including three partners) who have been involved in numerous nine and10-figure cases for claimants and defendants around the globe. Our construction disputes lawyers are not just litigators or arbitration lawyers – they are construction specialists and have detailed knowledge of the construction industry and how construction projects work. They pride themselves in becoming fully versed in the technical and financial details of every case.

Our practice is truly global. In the last 12 months alone, our team has advised on disputes involving projects in the Middle East, South America, Asia and Europe.

We act for owners/employers, contractors and subcontractors, developers, designers, engineers and other professionals, lenders, investors (including investment managers and private equity funds) and insurers. We also have detailed knowledge of all of the major forms of construction contract and have conducted arbitrations under all of the key international arbitration rules.

Highlights of our group’s experience include:

  • In an arbitration for a Middle East state-related entity in a multi-billion dollar arbitration arising from the construction of a landmark social infrastructure project in the Middle East, securing an arbitration award (the first in the region)confirming that our client’s termination of the construction contract as a result of the contractors’ delays was valid (the quantum phases of the arbitration, worth over US$ 1 billion, are continuing).
  • Representing a Malaysian state entity in relation to issues arising from the financing and acquisition of a number of CCGT plants in Turkey and negligence claims against their former legal advisers (a UK magic circle firm).
  • Representing a Gulf state entity responsible for the development a new metro system in significant disputes with a number of international contractors engaged on the project (the total value of the disputes exceeding US$ 2 billion).
  • Advising a South American state in relation to disputes on a multi-billion dollar energy project.
  • Advising the government bodies responsible for some of the largest infrastructure projects currently underway in Saudi Arabia.
  • Representing a global investment manager in English High Court proceedings relating to complex issues regarding the construction of a waste to energy plant in the United Kingdom, a failure to export power in time to benefit from ROC subsidies and claims then made under the project’s business interruption insurance (the matter settled on extremely favourable terms for our client).
  • Representing a global investment manager in claims arising from a significant offshore wind farm in Europe and delays in connecting to the grid impacting the project’s financing(claims in the English and German courts).
  • Representing a Gulf state energy company in relation to the resolution of very significant construction claims (across multiple contracts) related to a port expansion project.
  • Representing a Malaysian government entity in an ICC arbitration relating to construction delays and defects on a significant hydroelectric power project.
  • Acting for acting for a Middle East state energy company in an ICC arbitration against the EPC contractor responsible for the construction of a US$ 1 billion polysilicon production plant.
  • Representing a major European EPC contractor in relation to a substantial refinery project in Central Europe, which settled on very favourable terms for our client.
  • For the last 20 years, representing a major Saudi Arabian contractor in relation to arbitrations and expert determinations arising out of public and private infrastructure projects.
  • Representing TAQA in a LCIA arbitration related to the construction of a manufacturing plant for pipeline equipment for the petrochemical industry.
  • Representing Dragon Oil in a LCIA arbitration related to the construction of offshore facilities in the Caspian Sea.
  • Representing a government agency in the former CIS in relation to numerous ICC arbitrations arising from a major highway and tunnelling project.
  • Representing SK E &C in a USD 2 billion ICC arbitration, seated in Mexico City, related to the construction of a major oil refinery in Mexico.
  • Representing Qatar Chemical in a Qatar law governed, London seated ICC arbitration arising from a major petrochemical project.
  • Advising a major Kazakh government entity in relation to claims arising from the construction and maintenance of offshore oil and gas facilities.
  • Representing a government authority of the Kingdom of Saudi Arabia in both contentious and non-contentious matters related to the US$ 5 billion King Abdullah Financial District Project in Riyadh, Saudi Arabia.
  • Representing a Saudi Arabian development company in a US$ 50 million ICC arbitration, under Saudi Arabian law, relating to the construction of an international hotel, shopping mall and convention centre.
  • Representing a Gulf State entity in a series of expert determinations to resolve disputes regarding technically-complex elements of the design and construction of a hospital facility (the value of the disputes totalling more than US$ 100 million).
  • Representing various UK public authorities in disputes arising from the performance calculations under PFI/PPP contracts.
  • Representing a contract manager in relation to disputes arising from a long-term phosphate mining agreement in Saudi Arabia.
  • Advising a south-east Asian state energy company on the construction contracts for a combined refinery and petrochemical integrated development project worth close to US$ 30 billion and on construction disputes arising from the project.
  • Advising a Gulf-based developer in relation to construction disputes in excess of US$ 300 million arising from a major development in Mecca, Kingdom of Saudi Arabia.